What started as a routine road realignment turned into a case study in government failure, special interest influence, and public betrayal. Clallam County’s Towne Road project—overshadowed by mismanagement, tribal pressure, vanishing transparency, and political favoritism—burned through nearly $1.5 million in avoidable costs, ignored public input, and left taxpayers footing the bill for a private driveway, empty walking paths, and costly environmental overreach. This is the story the official report didn’t tell—and the video every taxpayer needs to see.

For many in Clallam County, the realignment of a 0.8-mile segment of Towne Road was never just about infrastructure. It became a symbol of what happens when public policy is ceded to nongovernmental organizations, special interests, and a sovereign nation. The project exposed the county’s struggles to manage complex partnerships, especially when errors occur and one party claims sovereign immunity, leaving taxpayers to pick up the pieces. Towne Road ultimately galvanized the public to scrutinize local government, revealing a culture of hidden agendas, closed-door meetings, and questionable priorities.

The elusive budget and a narrative instead

After a year and a half of requests for a straightforward budget—a simple accounting money in, money out—the county finally responded. But instead of transparency, residents received a 29-page narrative, not an accounting. The report, presented at Monday’s Board of Commissioners work session, was less a reckoning and more a self-congratulatory exercise. The County Administrator’s remarks were filled with platitudes: “Expect to encounter bumps in the road… Outreach and education is ongoing. People will always have questions! Keep the faith.”

In short, the commissioners got a pass, and the administrator received a glowing performance review—an apparent conflict of interest, as the report essentially evaluated the management of his own bosses.

What caused the report to feature such high praise for the commissioners? That answer may have appeared in the following agenda item: The annual review of the County Administrator, as given by the Board of Commissioners who hire, fire, and determine compensation of the County Administrator.

Grants, delays, and the breach

The county’s narrative traces the project back to 2017, detailing over $14 million in grants, with nearly $17 million in construction grants. But the heart of the controversy lies in the spring of 2022, when the Jamestown S’Klallam Tribe breached the upper portion of the original 1964 Corps levee before the county completed its Phase 2 work. This move, which the county’s own report glosses over, nearly resulted in a mass casualty event in Dungeness.

The rationale remains unclear—was it miscommunication, a push to meet obligations, or a breakdown in oversight? The county’s own staff admit any conclusion is speculation.

What is clear: the Tribe, a sovereign nation, has refused to communicate about the breach, even as the county continues to partner with them on future projects—like constructing an above-ground reservoir atop earthquake fault lines.

Ignored warnings and protocol violations

Documents reveal that the Tribe’s own bid instructions prohibited removing the old dike until the county completed the new levee. Yet, the breach occurred a year before the county’s work was finished. When pressed, the Tribe’s natural resources director, Hansi Hals, called the action “usual and acceptable,” despite evidence to the contrary.

Internal emails show county staff recognized the risks. Habitat biologist Cathy Lear warned that the Corps levee should remain until all flood protection was in place, noting that removing it prematurely endangered both the community and the restoration project. The Tribe’s aggressive timeline, coupled with the county’s delays due to permitting and funding, created a dangerous disconnect.

The temporary dike debate

Administrator Mielke’s report fails to mention that the county scrambled for solutions, and a temporary dike west of the Creamery was proposed—an option that would save taxpayer money and keep Towne Road open. The Tribe, however, opposed this, citing treaty rights and equity concerns. The only flood protection option that would benefit residents was dismissed on grounds of justice and environmental obligations.

Emails between county officials reveal a project hampered by distance, turnover, and a lack of clear authority. The Director of Community Development was often out of state, and the county engineer retired suddenly. Decisions were made via text and Zoom, with critical updates lost in translation.

The cost of premature action

Lear estimated that the Tribe’s premature dike removal cost the county tens of thousands in consultant fees alone, with total expenses likely far higher.

The Tribe’s untimely action is also expensive. The County’s consultants’ time alone to date will cost the County ~$30,000 for meetings, modeling, analysis, and design options generated solely to address the Tribe’s premature removal of the Corps levee. Total cost for consultants may be ~ $50,000 when all is said and done.

We continue to talk with Tribal staff, but as the below email indicates the Tribe intends to continue its removal of the levee with no plan to address issues that the removal creates. Such an approach puts at risk years of effort to bring this project to fruition.

More troubling, modeling suggested that without the Corps levee, the floodplain could inundate at flows as low as 1,300 cubic feet per second—putting homes, roads, and years of restoration work at risk.

Lear wrote:

In my view, the Tribe’s actions in removing any portion of the Corps levee were/are premature, costly, and do not reflect conditions on the ground. Removing portions of the Corps levee imperils both the downstream community and the floodplain restoration project itself. Were the river to flow into the rest of the floodplain, with no exit route, it has the potential to strand the Corps levee, disrupt the surface of Towne Road, flow into the west tributary and then into Meadowbrook Creek, and/or overtop the Corps levee and return to the river. Stranding the levee creates a morass of habitat, flood hazard, permitting, and construction cost impacts. River water flowing into the west tributary and Meadowbrook Creek will likely produce downstream flood impacts along with flooding on Towne Road near the Schoolhouse. River water overtopping the levee and re-entering the river could affect Schoolhouse Bridge.

Lessons unlearned

Here’s what the report left out:

• Land acquisition? The report states that $575,000 was spent on land acquisition, but a Peninsula Daily News article indicates that two properties the county purchased were valued at $525,000 and $500,000.

• Soil contamination cost misrepresented: The report says that by Spring 2023, there was no identified source of funding for cleanup. But months earlier, in February 2023, the Department of Ecology agreed to cover the full $1.1 million cost.

• History was ignored: In 2015, the County polled the public and found 83% wanted Towne Road open.

• The report never addresses the issues associated with breaching the dike early. In an email, Administrator Mielke stated that the response to the breaching of the levee was estimated to cost between $10.5 million and $13.8 million, so the county decided to oversee the construction in-house. How much did that cost the county?

“Declaration of Emergency was made in 2022 as a result of the breaching of the levee. In response to that Declaration, the County developed an “Engineer’s Estimate” of what was believed it would cost to respond to that breach. This estimate was $10,581,472.90. The work was put out for bid, and the ‘lowest qualified’ bid came in at $13,817,360.82 – which was ultimately rejected due to it being $3,235,887.92 HIGHER than the Engineer’s Estimate. The County then decided to oversee the construction of relocating the levee and Towne Road in-house (utilizing both County staff and overseeing other engineers/contractors).”

• The report says claims that “the breaching of the old levee created an additional cost of over $4 million are simply unfounded.”

  

  However, this Change Order Description from August 2022 states: “This change order results in a net change in total contract cost of $4,162,212.50.”

  

• Public input was weaponized: The County paused reconstruction not because of the soil remediation, but after receiving petitions—98 people wanted it closed, while 122 wanted it open. Yet the will of the majority was ignored.

  

• $500,000 in hush money?: On August 1, 2022, the County’s emergency declaration blamed the Tribe for the breach. The next day, the Tribe offered $500,000 if the language could be changed. It was. The Army Corps was blamed instead.

• Emergency responders couldn’t reach a home in time due to the closure: A family was left homeless. No mention of that in the report.

• Electric gates for a campaign donor?: Commissioner Ozias instructed a consultant, paid at $210/hr, to design and price three automatic taxpayer-funded gates to turn the public road into a private driveway. How much did that cost taxpayers?

• Environmental rules applied inconsistently: The Tribe demanded an expensive 6PPD-quinone filtration system to capture tire particulates—the first of its kind in Washington for a county road. The controversy arose in early-2024, not 2023 as the report claims.

• The County bragged about saving $105,021 and $304,361 compared to a 2002 estimate—on a $22.5 million project. Their definition of success is comparing the end result to an estimate over two decades old.

• In February 2023, when the commissioners decided to halt the project and allow a grant to expire, the county engineer warned them that the county would be responsible for covering the costs. The $694,978.56 from the Road Fund and $611,000 from the two REET funds were unnecessary county expenditures.

  

• The Tribe’s demand for a filtration system, combined with the curb insisted upon by Commissioner Ozias, increased the price by $174,229.56.

When adding the county’s use of the Road Fund, the two REET Funds, and the additional cost of the curb and filtration system, Towne Road unnecessarily cost taxpayers $1,480,208.12. What could that money have done to improve 3 Crabs Road? How might it have been used at one of the County’s most dangerous intersections, like Old Olympic Highway and Cays Road?

According to the county, the Towne Road project contributed nearly $250,000 to the county’s overall general fund. Why wouldn’t we embark on another road relocation project if, according to the county, we made money?

The Towne Road saga is a cautionary tale about the perils of opaque governance and unbalanced partnerships. When public agencies defer to outside interests without accountability, the community pays the price—in dollars, trust, and safety. As Clallam County moves forward, residents should demand not just transparency, but genuine oversight and a commitment to the public good.

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Bonus content: The $1.3 million work session

To understand how just one hour of waffling by Clallam County Commissioners cost taxpayers over $1.3 million, you need to watch this video, starting at 51:50. It’s the February 27, 2023 Board of County Commissioners work session—held six months before the public was told Towne Road might be permanently closed.

This one meeting reveals about 80% of the Towne Road debacle—how special interests influenced public infrastructure, how county leadership bent to private pressure, and how mismanagement and indecision drained the budget.

Here's what you'll see:

• 57:25 – County Engineer Joe Donisi outlines the funding plan. He explains the county has secured grants for project completion—but warns they’re expiring soon. If not used, the county would have to “reach deep into Roads [fund].” Worst-case scenario: the county would need to dip into Real Estate Excise Tax (REET) funds.

• 59:30 – The project qualifies for a 0% match: no county money needed. A rare chance to build with 100% outside funds.

• 1:00:01 – The $1.1 million cost to remove contaminated soil is fully covered by the Department of Ecology.

• 1:05:00 – Commissioner Ozias raises concerns—not about funding or public need, but about a private driveway for a single landowner.

• 1:08:45 – Commissioner Ozias floats the idea of trail alternatives. Donisi replies that while there’s not enough room for a trail beside the road, there’s ample space for a standard two-lane road with 4-foot shoulders.

• 1:13:00 – The county attorney warns: if the terms of the grants aren’t followed, the money could be clawed back.

• 1:14:00 – DCD employee Cheryl Baumann, speaking against her own department’s position, argues the road shouldn’t be rebuilt.

• 1:19:45 – Habitat Biologist Cathy Lear reminds the group: the County already agreed to relocate the road in grant documents.

• 1:20:30 – Donisi stresses again: time is running out to use grant funding. If the county delays, the opportunity is gone.

• 1:25:45 – Commissioner Ozias claims “well over 200” signatures were received asking for the road to remain closed. The actual number? 98. Meanwhile, 122 people asked for it to be reopened. Still, Commissioner Ozias refers to it as a “groundswell of support” for closure. The private landowner wants a public road turned into their personal driveway. Commissioner Johnson agrees. Commissioner Ozias brings up the landowner’s desires repeatedly.

• 1:32:50 – Commissioner Ozias says, “I’d rather turn the grant dollars back.” Johnson concurs.

• 1:33:10 – Commissioner Ozias: “One of the most important pieces is what the private landowner wants for their driveway.”

• 1:38:25 – A county employee points out that the public process was already honored in 2015, when a supermajority of residents voiced they wanted the road to remain open.

• 1:44:10 – Commissioner Ozias closes with this: “I’m personally not convinced that we need a road of any kind at all—especially if the Eberles don’t want it.”

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Last Sunday, readers were asked if drug supplies should be distributed by private citizens without official oversight. Of 220 votes:

• 1% said, “Yes”

• 95% said, “No”

• 4% said, “Only with strict accountability”

Towne Road Update Presentation 6 9 25

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Earlier this year, CC Watchdog contacted Jamestown Tribe’s chairman and CEO, Ron Allen, to discuss Towne Road. His reply was prompt and friendly, but he was unaware of any tension surrounding the issue. Allen was too busy to meet, but he said Jamestown Tribe’s Vice Chair, Loni Greninger, and their Natural Resources Director, Hansi Hals, could help.

Greninger and Hals were equally receptive, and CC Watchdog asked what amounted to a public records request. As a sovereign nation not governed by the same state and federal laws that promote transparency, the Tribe is not obligated to provide records. Greninger replied, “We do not take on these types of requests.”

During public comment, Chairman of the Board of Commissioners Mike French was asked why the Tribe had breached the dike. He answered, “You’re asking an elected official to comment on what the motivation might be of a sovereign nation that has its own elected officials that they elect in their manner. I have no idea what their motivations are. I know the county had some form of meeting with them, I believe it’s on the public record, you can go watch it. I can’t answer that question, I’m not a member of the Jamestown Tribe.”

The meeting had begun on public record but was moved off-record at Commissioner Ozias’ urging. The issue was settled via a phone call between the County and Tribe after midnight and is not on public record.

Upon Commissioner French’s advice, CC Watchdog asked the Tribe why the dike had been breached early. Director Hansi Hals answered,

“Please rest assured that Jamestown S’Klallam Tribe coordinated with Clallam County for planning and construction of the lower Dungeness River floodplain restoration project.  The Tribe and County met regularly and communicated often with the US Army Corps of Engineers (USACE).  The USACE has regulatory control of the levee, including standards for community flood protection. USACE required the Tribe and County to submit designs and schedules to the USACE for office review, field review, and approval.   The coordinated and mutually agreed construction schedule, that USACE approved, included both Jamestown and Clallam Co work elements.  The start date for Jamestown’s removal of the River’s Edge dike levee was scheduled for 5/2/22, and our work was initiated on 5/4/22.    You are correct that this removal date is before 9/30/22, which was the date scheduled for all levee work elements to be completed .  The USACE, Tribe and County relied on hydraulic river models to define and understand this time period.  It is usual and acceptable to modify a dike during time periods that are unlikely to have flood events.  Additionally, all parties were poised to implement contingent measures if river flow forecasts indicated possible flooding.  While escalating project costs delayed the County construction contracting and completion of final levee elements by several weeks, it is admirable that they were able to move forward.  By late-August 2022 the County had achieved flood-safety milestones such that the flood provisional measures were focused solely on reinforcing the newly erected dike (completed in Nov 2022).  The Towne Rd paving and roundabout was scheduled for 111 days from May-September 2023.  As you know, funding and community interest resulted in a revised schedule and design for Towne Rd. Construction is underway now, with the revised design, approximately one year later than scheduled.    

The Tribe appreciates your interest in collaboration.  Jamestown S’Klallam Tribe and Clallam County partnered in this large-scale, award-winning restoration project.   

Hansi Hals”

Hals’ response didn’t explain why the Tribe removed the dike; it just stated that the permit had been issued and that they had begun work. It also didn't explain the lack of communication with their project partner, Clallam County, who was working within sight of their project.

CC Watchdog followed up with Hals. “Why wasn't the Towne Road Levee completed before removing the original dike?”

Hals answered, “It is usual and acceptable by engineer standards to modify a dike during time periods that are unlikely to have flood events, without finishing construction of the final flood control structure.”

CC Watchdog also asked what had triggered the County’s costly $4,162,212.50 change order. Hals replied, “This question would be best answered by the County.”

Hals also said, “Current work is our highest priority and we’ll be unable to respond further.”

The Tribe’s current work is collaborating with the County to construct a massive above-grade reservoir behind Sequim. A public meeting about the Dungeness River Off-Channel Reservoir will be held Tuesday, October 22nd, 6-8 p.m. at the Guy Cole Convention Center (Carrie Blake Park) in Sequim.

Commissioner Ozias, the Board’s liaison to the Jamestown Tribe, would not answer emails about breaching the dike even though he was serving as commissioner at the time and the project was in his district. Instead, he said residents must make an appointment to ask questions, which four constituents did. When asked during the appointment why the Tribe had breached the dike early, Ozias replied: “I can’t tell you why there was a lack of information at the time.”

But now we know why the Tribe deliberately breached the dike.

A 2013 County document recorded the Tribe’s desires regarding Towne Road under “Selected Alternative.”

The Jamestown Tribe openly wanted Towne Road terminated a decade ago, but a problem arose. Two years after the “selected alternative” document, in the spring of 2015, a public survey showed that 84% of residents wanted the county road to remain open, which did not align with the Tribe’s wishes.

Perhaps hoping for different results, the County launched another public survey last year and manipulated the results, but the data still showed that most residents wanted Towne Road open.

When public sentiment supporting the reopening of Towne Road started growing, the Tribe suggested that a popular movement called “Save Our Levee” should be formed. The landowners to whom Commissioner Ozias had promised $125,000 in taxpayer-funded, automatic, electric gates founded a non-profit called “Dungeness Levee Trail Advocates” (DLTA), which launched a campaign that nearly kept Towne Road closed forever.

As the County surfaced the road, the Tribe began demanding design changes that skyrocketed the cost, but the County did not abandon the project’s completion.

Breaching the dike accomplished a goal the Jamestown Tribe had stated over a decade ago: it forced the County to close the road so the Tribe didn’t have to. When the County organized a temporary solution that would keep the road open, The Tribe contacted the media and said that the County’s plan would kill people downriver. The County acquiesced.

The Tribe may have achieved its decade-long goal, but they didn’t account for something: The people who had paid for the road became activated. They reminded the Tribe and the County that the road didn’t belong to the commissioners or the Tribe; it belonged to the public. The people opened the road that the Tribe had forced the County to close.

The People’s Road has been open for a week and a day, allowing residents and visitors to travel freely. The school bus now travels from Sequim to Dungeness twice a day without detouring five miles. Police, firefighters, and ambulance drivers have regained a route they once used to reach residents north of Sequim.

And Clallam County and the Jamestown Tribe can focus their attention and resources on future collaborations.

Public budget meetings

This week, the commissioners and administrator acknowledged that charging a mandatory $30 fee for admission to the Port Angeles public budget meeting was not in accordance with making information accessible to the public. It also may have violated the Open Public Meetings Act.

Things will be different going forward.

The next budget presentation will be held at the Sunland Golf Club on Tuesday, October 22nd, at 11:30 am. The event’s name has been changed from “public meeting” to “presentation,” and admission has dropped from $30 to $10 (lunch is additional). If you would like to pay to hear how the County is spending your money, the event is hosted by the Chamber of Commerce and open to the public. Commissioner Mark Ozias will be available to answer questions.

There’s only one public budget meeting

Please consider attending the County’s only public meeting about the budget.

• Wednesday, October 23rd, 5 pm, budget town hall, Commissioners’ Boardroom, Clallam County Courthouse (free admission).

“Cascadia wasn’t prepared for us old farts,” said Colburn during an interview with CC Watchdog. Plenty has been happening since “Water Woes,” an article detailing Cascadia Water’s plans, published five months ago.

Colburn rallied neighbors from other water districts acquired by Cascadia and provided testimony at a Washington State’s Utilities and Transportation Commission (UTC) hearing. Her group also met with State Representatives Tharinger, Chapman, Shavers, and Senator Van de Wege, who all wrote letters of support.

Colburn’s advocacy could have widespread ramifications for the state's approximately 2,500 small, independent water utilities.

“There are so many water systems out there that could be bought up,” said Colburn, who hadn’t been aware that her neighborhood's water system was for sale. Because of the issues Colburn has highlighted, state leaders and the UTC could prevent drastic rate hikes from happening when future water utilities are sold.

However, Colburn said her cause wouldn’t have gained much traction without an engaged community. “Even with our first rate case, the UTC commissioners said that the 260 public comments they received had greatly influenced their decision.”

The decision means that the massive rate increase is on hold until February or March of next year, when the UTC has requested a settlement conference.

“We’ve gotten this far in four years because we’ve been vocal and asked questions,” said Colburn. “Small amounts of people can make a difference if they work together. They just have to invest time.”

Towne Road

During Tuesday’s meeting, while the commissioners, Sheriff, and county engineer fast-tracked Towne Road residents' demands to lower the speed limit by ten mph, there was no indication that a decades-long, multimillion-dollar infrastructure project would be completed that day. No one mentioned that, at that very moment, the last stripes were being painted on the Towne Road Levee and that Nordland Construction’s equipment was being loaded up and trailered away.

But word began spreading that evening via social media.

Eleven months

It’s hard to pinpoint precisely when the reopening of Towne Road was determined, but a pivotal event happened last Thanksgiving weekend when resident Tom Ash rented the Dungeness Schoolhouse and invited the community to attend a “Support reopening Towne Road rally.”

The schoolhouse was filled to capacity, but what was most striking was that the attendees weren’t just from Dungeness. The rally drew people from all areas of Sequim who cared about their neighbors’ safety and wanted to support their greater community. People drove from Port Angeles because they believed that a public road, paid for by the public, should be open to the public.

As people left the rally, they could see the charred remains of a home across Towne Road. The family that had once lived there became homeless, lost their two dogs, and nearly lost their lives when firefighters had to detour five miles to reach their burning house because Towne Road was closed.

When residents left the rally that night, they discovered that the world had shrunk, and that people were more alike than different.

Moving the needle

December was a busy month for most people, but you wouldn’t know it by looking at packed commissioner meetings. Every seat was filled in the gallery as people watched the commissioners waffle over the fate of Towne Road.

Many attendees carpooled, and some took days off work. Some were well-seasoned in civic engagement, and others had never set foot in the courthouse before. Residents provided hours of public comment three minutes at a time. Some of those who spoke did so with ease, while others trembled and began by saying how they hated speaking in front of people.

Plenty of folks attended virtually and commented over the sound system, too. As the cacophony of diverse viewpoints from common-sense residents began gaining traction, it was hard to make Towne Road go away.

County workers looked in from the hallway to see what a standing-room-only gallery looked like. They asked each other what issue had filled the boardroom.

The answer was Towne Road had filled the boardroom.

Well into the new year, people kept attending week after week — they weren’t doing it for themselves; they were doing it for the community because the road didn’t belong to the commissioners or special interests. Towne Road belonged to the public.

The commissioners were overwhelmed with emails and letters. Public records show that the authors of those letters came from countywide, not just the area isolated by the closure.

Every time the commissioners put up another roadblock, concerned citizens returned. The needle was moving, and people could feel it.

Lessons learned

There are plenty of lessons to learn about the influence of political, special, private, and personal interests in Clallam County, but that wasn’t the most important lesson learned over the past year.

We have a stunning national park outside our back door and the calming waters of the Strait to the north, but that’s not what makes living here special. Vicki Colburn knows what makes it special, and so do CC Watchdog subscribers. Whether you moved here last week or come from a generational family, you know what makes Clallam County special, too.

It’s neighbors helping neighbors. It’s residents who see a need in their community and address it. It’s the people who opened Towne Road.

It’s you.

Thank you.

Let’s celebrate

After a summer hiatus, CC Watchdog meetups are back. Let’s have a drink, match names to faces, and celebrate community. This is a karaoke event, so you’ll leave thinking, “Maybe the commissioners aren’t that tone-deaf after all.”

This Saturday, October 12th, 6:30 to 9:30 pm

Sequim Elks Club, 143 Port Williams Road

$5 admission supports Elks’ generous work in our community

Open to the public

“Then the 50-acre lake suddenly drains. If it drains in 4 minutes, the flow raging through Dungeness and hitting 3 Crabs Road would be approximately 18,000 cfs. A Dungeness River 1,000-year flood is 13,528 cfs. News helicopters would circle the devastation and speculate on the number of dead.”

It’s more than a road. Towne Road is about politicians’ promises, campaign commitments, and prioritizing public safety over political principles.

Once the Towne Road scandal started unraveling last fall, people understood that returning a road to the taxpayers who had funded it was much more than completing a 0.6-mile stretch of public right-of-way… Towne Road was a window into special interests and their influence on county government.

Now in its third year, the road's closure is a sign of county leaders’ project mismanagement and fiscal irresponsibility. With the massive and costly Dungeness River Off-channel Reservoir Project on the horizon, Towne Road is also a litmus test to see how well project partners Clallam County and the Jamestown S’Klallam Tribe work together.

When asked about the Jamestown Tribe breaching the original dike before the County’s new levee was completed, the three County Commissioners (whom you elected and whose salaries you pay) refuse to answer questions. Chairman of the Board, Commissioner Mike French, has said, “I wasn’t here for that,” “I’m not a member of the Jamestown Tribe,” and has instructed concerned constituents to direct their questions to the Tribe.

Initially, the Tribe encouraged questions. At a People’s Forum town hall about transparency held in April, a tribal representative told nearly 100 attendees, “Ron [Tribal CEO Ron Allen] and I will answer any questions from anybody.” CC Watchdog contacted CEO Allen and was instructed to contact the Tribe’s Vice-chair, Loni Grinnell-Greninger, and Natural Resources Director, Hansi Hals. First, the Tribe’s responses to requests began with, “We do not take on these types of requests.” Recently, their tone has changed to, “Current work is our highest priority and we’ll be unable to respond further,” and “This question would be best answered by the County.”

A sovereign nation has no obligation to be transparent and accountable, even when managing and completing projects with your money. The county commissioners could have an obligation to answer reasonable questions asked by the electorate, but without an enforceable Code of Ethics, they aren’t obliged — ignoring county residents isn’t against the law.

Fortunately, Washington State voters knew that transparency begets accountability, so they passed a ballot initiative called the Public Records Act in 1972. A recent release of public records may reveal who really runs Clallam County.

On April 8th, 2022, a month before the Tribe’s deliberate breach of the original dike that kept the Dungeness River from flooding for 60 years, county employee and habitat biologist Cathy Lear (who has managed the Levee Setback project for a decade) emailed her boss, department of community development Director Mary Ellen Winborn. Under a section of the email titled “Phase 2 schedule coordination with Jamestown S’Klallam Tribe and Corps,” Lear wrote that the county engineer, Joe Donisi, met with three Jamestown Tribe employees. The email acknowledges that “sequencing of construction” is essential because the original dike is important “related to flood hazard.”

Joe D. and I met today with Jamestown S’Klallam Tribe (Hansi, Randy, LaTrisha), Corps levee safety and permitting staff, and Dave Cline, Brian Reznik (Phase 2 lead for Shannon & Wilson), Jessica Randolph, and Tyler Stephens. We needed to iron out the sequencing of construction and levee removal as they both related to flood hazard.

Surprisingly, although residents have been told “Towne Road was never supposed to close for even one day,” Lear tells Winborn that “Old Towne Road will be closed July 2022, New Towne Road will open October 2023.”

In an email to CC Watchdog from Jamestown Tribe employee Hansi Hals, it appears the ahead-of-schedule and deliberate breach of the original dike occurred on May 4th, 2022:

The start date for Jamestown’s removal of the River’s Edge dike levee was scheduled for 5/2/22, and our work was initiated on 5/4/22.

The breach of the original dike, before the County completed the new Towne Road Levee, wasn’t initially problematic two years ago. However, the concern was that downstream communities would be flooded when the fall and winter rains of 2022/2023 increased river levels.

The County’s contractor, Scarsella Bros., was already constructing the Towne Road Levee from Anderson Road southward, but once the Tribe removed the old dike, the construction pace needed to increase. Faced with an approaching flood season, the County sent the accelerated construction of the new levee out to bid. Only one bid was received (not by Scarsella Bros., but by Delhur). On June 14th, 2022, Leer wrote to Winborn and said:

While we have enough $ for the Engineer’s estimate, we do not have
enough for the bid that Del Hur submitted. As I understand it, next steps are for
the County to reject the bid and reissue an invitation to bid. Does this square with
your and Joel’s experience? Several of us meet on site at 8 Pacific time to talk over flood contingency, the bid, etc.

Lear’s mention of “Pacific time” may reveal that Clallam County DCD Director Winborn was working remotely and overseeing the project from her home in Mississippi.

The following day, Lear provided another update to Winborn. The County’s attempts to accelerate levee construction and protect residents from flooding were falling short. Due to the tight timeline, contractors didn’t want to bid on the project. The one willing contractor reflected the risk associated with a condensed schedule by submitting a bid that greatly exceeded the County’s estimate.

We’ve (Joe D, Pat McElroy, Shannon &Wilson team) tried working through a
way to accept the bid, but ultimately could not reconcile the cost differences.
Joe and Pat have talked to their contacts and learned that the aggressive
schedule and the risks associated with not meeting that schedule were the
reasons that they did not bid, or (in Del Hur’s case) bid very high.

The aggressive schedule was created to get Phase 2 in place before flood
season, as the Tribe has removed a portion of the Corps levee and that has
implications both for the County project and for downstream flooding. We can
build an emergency (ie, 2022 winter flood season) structure for far less $ and
reissue the invitation to bid with a more reasonable schedule. The contractor
could work in the winter if they so desired, and pull the Corps levee in the
spring.

We (Joe D, Pat McE, S&W) met with Hansi and her engineer to look at the site
yesterday and talk over contingency options. We are not of one mind, yet, but
at least we were all standing out there looking at the reality.

Later that month, on June 24th, Lear followed up with Winborn on an idea mentioned in the above email — a temporary dike that would protect residents for one flood season while the Towne Road Levee was completed.

The thread below pertains to an issue I have mentioned, where Jamestown
S’Klallam Tribe removed a portion of the Corps levee earlier this year, creating
the need to develop and implement flood protection measures by October 1.
The Commissioners are aware of the situation.

At this time, our (DCD and Roads) recommendation is the ‘yellow line’, a
temporary levee that could be built with materials on site. The yellow line
connects the existing Corps levee with the Tribe’s levee and leaves landward
(so, unavailable as riverward floodplain) only about 6 acres of the Tribe’s
property. We anticipate that the yellow line would be removed next
construction season as Phase 2 went into full swing.

The yellow line is the least impactful on the land, the least expensive, and most easily implemented option that we know of right now. The Tribe at this point does not agree that the yellow line is the way forward.

During this week’s work session we recommended that the bid for Dungeness
Phase 2 be rejected and the invitation to bid be re-issued after some
modification. Jamestown S’Klallam Tribe has asked for the rejection to be held
over for a week, to look at additional options. Their ideas are outlined below.
Pat McElroy and I will work with the Tribe this week to learn more about their
ideas (Joe D is on vacation).

I have asked that the bid rejection be held over until July 5. I would like to be quite clear that the floodplain restoration grant funds are not to be used to solve this problem. Phase 2 is the restoration phase of the project, with only 2 flood protection elements included to complete the work started in Phase 1. The 2 flood protection elements are a connection between the Tribe’s levee at the south end and a connection to the existing levee near
the Schoolhouse.

Meanwhile, Phase 1 is rocking! The crew has almost made it all the way to the
southern end of the project, where the levee meets up with Towne Road.

The idea of a temporary dike, or “yellow line,” appealed to the county because permitting was easy, and it prevented community flooding. It was proposed to stretch from the Tribe’s River’s Edge Dike to a portion of the original 1960s dike.

Although a temporary dike would save taxpayer money and keep Towne Road open, the Tribe had to weigh in. A week and a half after proposing a temporary dike, the County was getting restless while waiting for a clear path forward. On July 5th, the Tribe was to appear before the Board of Commissioners to give its recommendations.

Winborn wrote to Lear and asked, “Has the tribe spoken, yet?”

Lear replied, “Not t [sic] yet.”

Lear was able to provide an update to Winborn later that day:

It turned out to be a long session. BOCC ultimately rejected the bid but obviously
a hard decision, bound up with the need to provide flood protection this year.
Afterwards, Joe, Randy, and I talked for hours about possible ways forward.
Hansi, LaTrisha, and Cheryl joined in at different times. We finished up around 4.
No real answers yet about how to move the project forward, how to address need
for emergency levee, and whether those two are intertwined. The good news is we
are all still talking.

The Tribe’s natural resources director, Hansi Hals, summarized the recommendations in an email later that day to Lear, Donisi, and other county and tribal staff.

“Cathy,
I was not able to debrief fully with you and Joe after the BOCC meeting because of a 1pm commitment. At this point, Jamestown still strongly urges that the County move as quickly as possible to Phase 2 construction. Here is a possible path and timeframe:

1. Clallam Co declare an emergency
2. County prepare an addenda to the existing Phase 2 bid package
a. Take out the oxbow channel and associated work
(excavation, hardening, roughened channel)
b. Take out Towne Rd. relocation
c. Offer a staging area (JST willing to provide staging area for benefit of contractor — Co staff has map identifying this space)
3. Per emergency procedure – provide to contractor (either DelHur and/or Scarcella) and ask for bid. Communication made to contractor by Friday July 8th. Bid return date due July 15. Contract executed and contractor starting no later than August 1.

As you already know, Jamestown identified concerns with the temporary dike option that would cross tribal property: Legal encumbrance that does not allow the facility
(attached for your reference); requires Fair Market Value reimbursement to State if not upheld. This represents a major expense not reflected in Co budget estimate

Concern about temporary one-yr structure continuing for multiple yrs while County works to find additional funding. The Tribe has been advocating for the realignment of the dike for more than 20 yrs because their treaty rights have been impacted. Rebuilding a harmful structure on the Tribe’s property reveals a deep equity/ justice issue to me personally.

Does not meet the County’s wetland mitigation requirements (must construct Phase 2 and gain ecosystem benefits to fulfill wetland permit conditions)

Only provides the existing (known vulnerability) flood protection by tying into the existing levee.

Does not meet the multiple salmon recovery funding objectives/obligations

As you already know, Jamestown recommended Towne Rd as the contingency alignment. Jamestown intends to deliver a stamped design for the Towne Rd contingency plan directly to the County. We understand this alignment is not ‘simple’, but the Tribal property alignment also has the specter of fish stranding issues, and is complicated by property control and a legal encumbrance. I fully believe the most cost-efficient and best strategy is to avoid the contingency and build Phase 2 (streamlined, affordable version per Jamestown’s earlier communications and tabulated spreadsheet). If you move THIS WEEK on the addenda and keep timeframes tight – you can do this!

The Tribe adamantly opposed the only option that would save taxpayer money and keep Towne Road open. Although a temporary levee would protect residents from a flood, Hals said it would infringe on the Tribe’s treaty rights. She also felt the structure was harmful and revealed deep equity and justice issues.

The following day, July 6th, Director Winborn wrote Lear: “From this point forward, I need to be involved when making decisions.”

Lear replied to the DCD director over 2,000 miles away in Mississippi: “What is the best way for that to occur? Ie, phone, text, email, zoom?”

“Text and then we can talk on the phone or zoom,” instructed Winborn.

On July 11th, Lear wrote to Director Winborn, Engineer Donisi, and the three commissioners. Her perspective came from someone who had overseen the project for a decade and had worked closely with the Tribe:

I want to share my thoughts on the situation regarding the levee and floodplain
restoration on the lower Dungeness River.

I feel that, until the entire floodplain restoration project is complete, the community and the project itself should be protected by the Corps levee. The project was designed with the notion that it would be built with the Corps levee in place, and the Corps levee removed once all flood protection and habitat features were completed. Absent the Corps levee’s protection or similar protection, the floodplain restoration project is at risk.

Brief History:
In 2020 Jamestown S’Klallam Tribe was able to quickly purchase property south (upstream) of the County’s planned project and build a setback levee in that location. The goal is to connect that levee with the portion that the County is building, affording better flood protection to the community and returning to the river an additional 65 acres of floodplain. Ultimately, when the entire project is complete – both the County and the Tribe’s sections – and the Corps levee removed, ~170 acres of floodplain will be riverward of the levees.

The Tribe’s schedule has been more aggressive than the County’s. Permitting and construction of that levee were straightforward. Due to the County’s land ownership mosaic, permitting requirements, complex site, and a record-setting LaNiña winter, the County’s Phase 1 construction is behind schedule (but catching up quickly). The County planned to go to bid for Phase 2 once Phase 1 was complete to avoid construction conflicts and to allow the Phase 1 levee to settle. The Tribe asked that the County go to bid sooner. That request was accommodated. As we know, the single bid received was well above available funding, and was rejected.

Thoughts:
In my mind the County has done everything possible to sync up with the Tribe’s timeline. After delays due to weather and water, Phase 1 levee construction is making great progress. Phase 2 went out to bid early, with a compressed timeline, in the hopes of starting construction this summer. Great effort was put toward making it possible to accept the bid and move forward with construction this summer season.

In my view, the Tribe’s actions in removing any portion of the Corps levee were/are premature, costly, and do not reflect conditions on the ground. Removing portions of the Corps levee imperils both the downstream community and the floodplain restoration project itself. Were the river to flow into the rest of the floodplain, with no exit route, it has the potential to strand the Corps levee, disrupt the surface of Towne Road, flow into the west tributary and then into Meadowbrook Creek, and/or overtop
the Corps levee and return to the river. Stranding the levee creates a morass of habitat, flood hazard, permitting, and construction cost impacts. River water
flowing into the west tributary and Meadowbrook Creek will likely produce downstream flood impacts along with flooding on Towne Road near the
Schoolhouse. River water overtopping the levee and re-entering the river could
affect Schoolhouse Bridge.

Preliminary modeling indicates that, should the Tribe complete its removal of the Corps levee, the floodplain will begin to inundate at 1300 cubic feet per second. These numbers certainly are not final, but offer food for thought.

The Tribe’s untimely action is also expensive. The County’s consultants’ time alone to date will cost the County ~$30,000 for meetings, modeling, analysis, and design options generated solely to address the Tribe’s premature removal of the Corps levee. Total cost for consultants may be ~ $50,000 when all is said and done.

We continue to talk with Tribal staff, but as the below email indicates the Tribe intends to continue its removal of the levee with no plan to address issues that
the removal creates. Such an approach puts at risk years of effort to bring this
project to fruition.

Lear acknowledged that the Tribe’s premature dike removal had created a financial burden for the County. Yet, despite every attempt by the County to accommodate the Tribe’s demands, the Tribe was pushing forward with disregard for community safety, fiscal impacts on the county, and effects on habitat restoration.

Three hours later, the Tribe’s habitat program manager, Randy Johnson (not to be confused with the county commissioner by the same name), sent an email to county commissioners and staff, tribal leadership, the Army Corps of Engineers, and even the Peninsula Daily News:

“There is a 500-foot gap in the lower Dungeness River levee system. This is due to
the three projects that will relocate the levee system, not being completely
synchronized currently.

At the July 5th BOCC meeting, the Tribe offered to provide, this week, an engineered plan (plan, profile, cross sections, and quantities) of a Towne Road cross dike contingency plan. This potential temporary dike location is also known as the “blue line”. It would plug the 500-foot gap. I’ve attached a draft plan and will list quantities below. The final plan will include quantities for removing the 1,700 feet of Corps dike integral to this alternative, along with additional details. I expect to send you the final version Wednesday night or Thursday.

Please note that by providing this plan, the Tribe does not endorse constructing a
temporary dike. The plan should be viewed in the same light as a fire insurance
policy. A person hopes they’ll never have to use it. Both temporary cross dike locations (yellow line and blue line) that have been proposed to fill the 500-foot gap in the federal levee would connect the Rivers Edge levee (10,000-year protection) with the Corps dike (25-year protection or less).

With construction of the County’s Phase 1 levee, there are now parallel levees
along the lower Dungeness River. Together these will serve as a dam, with about
72 acres of land between them, for any water that 1) flows through the gap in the
levee system or 2) overflows or breaches the frail Corps dike. This inadvertent
dam could impound over 4 million cubic feet of water. Then, when the dam is overtopped and fails, approximately 10,000 to 25,000 cfs would likely be
released. Added to the flood, this would produce flows far exceeding a 500-year
flood. The level of devastation in downstream areas would likely warrant national
news coverage. Loss of human life would be a very real possibility.

This specter can be avoided by simply constructing the Phase 2 project – completing the County’s setback levee (950-feet) and connecting the floodplain by removing the Corps dike - beginning no later than August 1. I urge the Clallam County Board of Commissioners to issue an emergency declaration to suspend normal contracting requirements, enter negotiations with the sole Phase 2 bidder (DelHur Industries), and begin the crucial work of constructing Phase 2 without delay.

The Tribe’s email recategorized the early breach of the dike as the project not being “completely synchronized.” Johnson didn’t overtly say that the Tribe was against a temporary dike. However, he contacted the media and painted the County’s preferred option as a catastrophic and reckless path forward that could lead to mass casualties.

To reinforce the impending devastation if the County did not do as the Tribe instructed, Randy Johnson (Tribe employee, not County Commissioner) sent a follow-up email two days later, on July 13th. His email detailed the havoc that would ravage the Dungeness community if the County didn’t obey the Tribe’s recommendation — The 3 Crabs neighborhood would be swept into the bay, news helicopters would fly over the ruined landscape searching for bodies, and the County would be liable for the deaths:

If water gets between the Corps Dike and the Phase 1 levee, (either because there is no temporary cross dike, or the cross dike or the Corps dike fail), a 50-acre lake will form. The lake will become an average of 2’ deep (8’ deep near the SDW/Anderson Rd intersection) and will then begin overflowing at roughly the intersection of SDW and Anderson Road.

The water will drop about 10 vertical feet in a distance of about 100’ into Meadowbrook Creek. The erosive action of this flow could quickly head cut through the road, causing a blowout. Then the 50-acre lake suddenly drains.
If it drains in 4 minutes, the flow raging through Dungeness and hitting 3 Crabs Road would be approximately 18,000 cfs. A Dungeness River 1,000-year flood is 13,528 cfs.

News helicopters would circle the devastation and speculate on the number of dead. The County, Tribe, and the Corps would be embroiled in wrongful death suits for years or decades. This grim specter can be avoided so easily by simply constructing Phase 2A now. Since we know this, I think it’s our responsibility to get the information out to the public.

The County abandoned the temporary dike to pursue the more expensive option, keeping Towne Road closed. According to county engineer Joe Donisi at the July 5th work session, this would require an additional $3 million in funding from the County — a sizable chunk for a project budgeted to be $20 million total.

There are lessons to be learned from “project partners” Clallam County and Jamestown Tribe working together.

1. If the Tribe creates a problem, the County must fix it.

2. The money used to fix the problem created by the Tribe will come from County taxpayers.

3. The Tribe is accountable to no one and refuses to communicate, compromise, or pause a project that endangers the community, siphons money from the County, or threatens habitat restoration.

4. The Tribe can seize control of a county project, and the County will allow it.

5. If the County hesitates to meet the Tribe’s demands, the Tribe will use the media to spread fear about the County’s judgment and decision-making.

6. Prioritizing public safety and fiscal responsibility ahead of the Tribe’s demands could be skewed as a violation of treaty rights or reveal that the County harbors justice and equity issues.

Weeks later, on August 1st, 2022, the County drafted a resolution that blamed the Tribe for breaching the dike. This had to be done to declare an emergency, which allowed the County to choose a contractor to accelerate the construction of the new levee without sending the project out to bid. The Tribe disapproved of the resolution’s wording and offered the County $500,000 if they could agree on new language. The following day, the document was rewritten to blame the Army Corps of Engineers and the Tribe was absolved of any blame.

7. For a half million dollars, the County will modify documents until the Tribe approves the wording.

If the Army Corps of Engineers caused the dike’s breach, it wasn't mentioned in the flurry of emails received from this public records request, but when that resolution was rewritten, the Army Corps was saddled with the blame.

It seems there is one thing Clallam County and the Jamestown Tribe work well on — choosing a scapegoat.

Construction crews are working six days a week to complete the road atop the 0.6-mile Towne Road Levee. County staff spent months drafting at least five versions of the stormwater mitigation plan, as demanded by the Jamestown Tribe. The Army Corps’ issuance of this final permit has depended on the Tribe’s approval, and critics said construction should have never begun without it.

Two weeks ago, the commissioners were asked to provide an update on the pending permit at their weekly meeting. Commissioner Ozias replied, “My understanding… is that the Army Corps has received all the information that they feel like they need, and we are awaiting to hear back from them at this point.”

In other words, The Army Corps of Engineers received instruction from the Jamestown Tribe, but was it approval or disapproval that the Tribe communicated? Commissioner Ozias, who serves as the Board’s Tribal Liaison, didn’t know if the County’s project partner had approved or denied the design — only that they had sent communication to the Army Corps.

Nearing the end of a decades-long $20-million infrastructure project, one that would restore a vital historic link between Dungeness and Sequim, the three commissioners didn’t know (and seemingly weren’t interested in finding out) if their project partner, Jamestown Tribe, would allow the road to be completed. This style of collaboration has become customary for the County and Tribe during their joint venture, which has been riddled with miscommunication and cost overruns.

But now we know the fate of Towne Road.

The county’s website has been updated with a document from the Army Corps of Engineers, which states, “Your request for a permit modification is approved.”

County leaders have seemingly cleared the last obstacle thrown at them by relentless private interests, dogged political interests, determined special interests, and even tenacious Commissioner Mark Ozias, who tried to stop his district’s road from reopening ten times.

County Staff had the foresight and confidence to begin construction of the road, ensuring it would reopen to traffic by the end of this construction season. Without their diligence, Towne Road would have remained closed for at least another year. The county expects the project to be completed by the end of next month.

Two co-founders of a nonprofit dedicated to keeping Towne Road closed attempted again to halt the project by contacting the Army Corps of Engineers. Their attempts to convert a county road into their private driveway while having the taxpayers fund $125,000 for automatic, electric gates continue to reveal how deeply rooted private and special interests are in Clallam County.

Department of Community Development Director Bruce Emery’s response reminds us that Towne Road will best serve the public’s needs when it is open to all those who have paid for it, not an elite few.

Leave a comment

From: Sanguinetti, Pamela A CIV USARMY CENWS (USA)<Pamela.Sanguinetti@usace.army.mil>

Sent: Monday, January 29, 2024 9:44 AM

To: Lear, Cathy <cathy.lear@clallamcountywa.gov>

Cc: Amy Summe <Amy.Summe@shanwil.com>; Behrens, Christopher F CIV USARMY CENWS (USA) <Christopher.Behrens@usace.army.mil>

Subject: FW: Dungeness Levee Setback / Towne Road project. (NWS-2017-719)

Hello Cathy and Amy,

We received the following email comment with concerns regarding the County’s design changes.

Perhaps we can set-up a phone call later this week. Chris is out of the office until tomorrow so perhaps Wed/Thurs.

Thank you,

Pam

Pamela Sanguinetti (she/her)

Senior Project Manager, Regulatory

U.S. Army Corps of Engineers – Seattle District

From: Derrick Eberle

Sent: Monday, January 29, 2024 8:30 AM

To: pamela.sanguinetti@usace.army.mil <pamela.sanguinetti@usace.army.mil>

Cc: christopher.behrens@usace.army.mil <christopher.behrens@usace.army.mil>; brian.j.stenehjem@usace.army.mil <brian.j.stenehjem@usace.army.mil>; Kate Houk; Bri Eberle

Subject: Dungeness Levee Setback / Towne Road project.

Hello Ms. Sanguinetti,

My family and I are residents that access our home directly off of a Clallam County project that your office is a project partner for and a reviewer of. We farm the land adjacent to the project site.

I am also a State of Washington licensed landscape architect and a design professional familiar with the restoration of wetland sites and road construction. I am writing to you today because I am greatly concerned about the design changes to this levee project that your office is being asked to consider/review currently.

Specifically:

Roadway Design

• The project design has changed a proposed intersection at the north end of the corridor, from a roundabout to a two-way stop sign.

• My understanding of the reason of this change is that project funding is no longer available to construct the roundabout and the two-way stop is a cheaper alternative.

• The issue is this proposed intersection is located on the inside edge of a blind curve. As a licensed design professional experienced in the design of public spaces and roadways, I think this is a dangerous location for a two-way stop.

• Please see the diagram below as well as a photo of an accident that occurred here a few weeks ago on new year's day. We have witnessed countless accidents on this stretch of road through the years and fear that this will become the newest and potentially most dangerous accident location.

• I also believe that a public trail immediately adjacent to the roadway presents unnecessary safety risks, and any sort of divider to protect trail users should be substantial to reduce the risks of injury or fatalities.

• The levee does not have any banked grade to it currently, and I’m not certain how the twists and bends in a proposed road segment will be safely addressed.

Stormwater Improvements

• As I understand, another revision to the design involved directing stormwater runoff from the north side of the levee per the original design to the south side of the levee in this new design.

• The concern is that the additional water could have detrimental effects on the properties (including ours) immediately south of the project.

• This should not be taken lightly as we were not asked about this new design feature nor were we included in the design process to make sure that it is completely compatible for the environment nor our farm, for the future.

• One neighbor, Kate Houk, has been experiencing detrimental flooding on her property and in close proximity to her home since June of 2023. Kate Houk can be reached at (360) 477-XXXX if you would like to more information on what she has experienced. I have also cc’d her on this email.

• Kate is a former National Park Service ranger and a retired USPS Post Master, and I’m sure would appreciate speaking with a fellow federal employee about the issues she has experienced with this project.

• She expressed to us that she reached out the Clallam County road department many times asking for answers and help in solving this issue but was met with no response.

• It was only when she saw someone from the department in person last month on the levee that she was finally able to connect with them.

• As reviewer of the plans, I think the USACE is taking on unnecessary liability by permitting this road infrastructure to be constructed as currently planned.

• The construction of this road corridor also goes against the recommendation of another project partner, the Jamestown S'Klallam Tribe. I know that the USACE respects the opinions and input of sovereign nations and hope you consider their wishes below. Please see the comment that the tribe provided to Clallam County. Please follow up with the Transportation Program Manager Wendy Clark from the tribe if you would like more information.

And though this final piece of information may not be of direct interest to the USACE, we feel it's important for you to know that 500 members of the Dungeness/Sequim/Port Angeles community have signed a petition stating that they do not wish for this segment to be turned into a road.

This road is not wanted or needed by the majority of the local community including the project neighbors. It is being pushed ahead by the county that is being influenced by a small and aggressive group of vocal pro-road advocates. Here is a website that was created with information about preserving the levee and trail in it's current state: www.savetheleveetrail.org.

Thank you for your consideration of our concerns.

Derrick and Bri Eberle

2488 Towne Road

Sequim WA 98382

(360) 461-XXXX

Here's a photo of a car that went into the ditch in the area on New Year's Day:

"I only have to say, what a mess," said Dungeness resident Karen Huber during Tuesday's public comment.  "I feel sorry for the position everybody's in.  We've heard many times how projects change.  I was here when Nash and Steve Tharinger sold the property when it all started.  I watched every step of it from the early 2000s — I know it's changed a lot.  It's affected everybody: our farms, our personal property, everybody, and what a mess.  I know there's no quick answers."

The Commissioners, seemingly disinterested, kept a watchful eye on the three-minute timer as Sequim resident Eric Fehrmann spoke from the podium.  "We brought it up last week, we brought it up weeks before. We keep asking you guys to come up with some way so we can have a dialogue instead of a monologue.  You don't seem to be moving anywhere on that at all.  Can you give us any answers on how you're moving along to get answers to us?

"Mr. Ozias sat down with us when I first came here in November — one time.  One time.  We've been asking over and over and over again.  We need to get some answers in here, but all I see is blank stares."

This week, Commissioner Ozias announced he will make a public appearance as he participates in Sequim Pride events.  This will be his first public appearance outside of the Commissioner Boardroom since the opening of the Jamestown S'Klallam Tribe's library in Blyn four months ago.  

Public Comment

The following public comment was given at Tuesday's Commissioner meeting.

For an entire month, the public has been left in the dark, with no communication from the Board of Commissioners about the true intentions for Towne Road. The revelation that Towne Road was never meant to be built on the Towne Road Levee came as a shock, and the absence of any official statement from the Board only deepens the sense of confusion and betrayal.

The public wasn't the only one that the Board of Commissioners confused.  According to project partner North Olympic Land Trust, the information they received from the County was that Towne Road would be relocated atop the levee.  They then passed that information on to donors who were interested in funding the conservation of 64 acres of farmland as part of the project.  After the donors generously gave nearly half a million dollars to a project that was advertised to relocate Towne Road, the true intentions of the Board of Commissioners were revealed, and donors learned that Towne Road was not planned to be relocated. 

Many donors were dissatisfied with this change and the county’s lack of communication. Some North Olympic Land Trust donors will either reduce or completely stop supporting that legacy organization that has done so much to save our area's farmlands.

One person felt so disappointed that she is changing her will. North Olympic Land Trust has lost a million-dollar endowment because the County Commissioners didn't communicate effectively.

The Commissioners' first Mission Statement is important and emphasizes your commitment to effective communication. Building a levee twice as wide as needed while knowing that Towne Road would never be built on top of it is not effective communication.

When the Board of Commissioners failed to uphold its commitment to effectively communicate with their project partner the Jamestown Tribe, the Commissioners spent two weeks drafting a letter of apology for that failure.

Will the Board of Commissioners consider offering an apology to the project partner who paid for the Towne Road Levee under a false understanding of the project's goal?  Will the Board of Commissioners apologize to the Taxpayer?

Jeff Tozzer, Jamestown Road, Sequim

If you would like to convey appreciation and support to project leaders for restoring this historic, vital link between communities, call or write:

Bruce Emery: bruce.emery@clallamcountywa.gov

Joe Donisi: joe.donisi@clallamcountywa.gov

Cathy Lear: cathy.lear@clallamcountywa.gov

Mark Ozias: Mark.Ozias@clallamcountywa.gov

Randy Johnson: Randy.Johnson@clallamcountywa.gov

Mike French: Mike.French@clallamcountywa.gov

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“As you know, the work has already begun. We’re operating under the existing permit,” explained Department of Community Development Director Bruce Emery at Tuesday’s Commissioner meeting. “We will not embark on any of the additional items that are covered in the permit modification request until that modification is issued, so we are proceeding. Minor risk, but our expectation is that the remaining issues are so minimal, we believe we’re already there. There should be a pretty quick turnaround, we believe, to getting that modification request issued from Army Corps.”

Public comment

The following was given as public comment at Tuesday’s commissioner meeting.

At the beginning of the Towne Road debacle, the questions were easy. The microphone at the podium was defective, and people online couldn't hear some of the testimony. Eight months ago, we asked if it could be fixed, and we were told that it was being looked into. The microphone still cuts out.

We asked that the tables be positioned like they are for other meetings in this room so that those presenting to the Commissioners don't have their backs to the gallery. This simple change would allow us to fully hear and understand what is being said.  However, we were informed that these public meetings are for the commissioners, not the public. This exclusion, with presenters continuing to speak with their back to the gallery, leaves us feeling disconnected and struggling to hear the softer voices.

We have persistently requested an opportunity to receive answers to our questions, hoping to prevent the same issues from being raised week after week.  The commissioners, however, have reiterated that public comment is designed for them to "listen, not respond." This lack of response has left us feeling unheard and our concerns unresolved.  

We've asked if an agenda item could be added that allows commissioners to address public comments. This would be similar to how other meetings in this county are conducted. We were told that the commissioners would consider it, but nothing has changed.

We asked if Commissioner Ozias' comment that Towne Road was never intended to be built atop the Towne Road Levee was true. This was never communicated to the public, and after a $20 million taxpayer-funded project, it seemed like a reasonable question. The commissioners didn't clarify or refute the statement; they remained silent.

It could be that it's an election year or that in a depressed economy, locals are interested in how you are spending our money.  For whatever reason, people are becoming more engaged.  This increased public engagement, as evidenced by the first Clallam County Watchdog article to pass 4,000 views in a single day and the website having more than 900 subscribers, is a clear sign that the public wants change and more transparency in local government.

The 2nd vision of the Commissioners' mission statement is: "Providing comprehensive and exemplary public service levels in a prompt, responsive manner."  

It should be changed to read, "If we ignore them, maybe they’ll go away."

Jeff Tozzer, Sequim

These three quotes are all from Commissioner Ozias.  The first is from a seven-page open letter penned by Ozias when plans for Sequim's Medication Assisted Treatment (MAT) clinic were unveiled, and he had the monumental task of uniting a divided community.

"Many have expressed belief that this work has taken place in private, without informing the public. One core belief I have as an elected official is that local government only works when citizens participate. It troubles me greatly to think that so many feel they have been left out of the process."

On May 5th, 2022, in the Peninsula Daily News, Commissioner Ozias said,

“Once the new levee is built, the new Towne Road will be on top of the levee, and the section of Towne Road will be removed as part of the restoration of the floodplain.” 

Earlier this month, Commissioner Ozias said during a weekly meeting,

"From the very beginning, this project was always intended to feature a trail.  The road component was always considered optional," explained Ozias.  "From the very beginning, the trail was a given; the road was not."

Three quotes from the same Commissioner. One emphasizes the importance of transparency in County government, another states that Towne Road was planned to be on top of the levee, and the third asserts that Towne Road was never intended to be on top of the levee.

Commissioner Ozias left the public out of the process when determining the fate of Towne Road, and as a result, his constituents have reasonable questions. Was the levee planned with Towne Road on top of it, as Commissioner Ozias said in 2022, or was the road never intended, as he says now?

Commissioner Ozias and County Engineer Joe Donisi were interviewed on KSQM radio in Sequim on May 10th to discuss road projects. However, the Commissioner didn't say a word when Towne Road was mentioned.  

On May 16th, KONP radio in Port Angeles scheduled an interview with Commissioner Ozias, but he didn't attend.

Commissioner Ozias is becoming increasingly distant and isolated. Emails to him are unanswered, he is absent from public events held in his district, and he’s the first Commissioner to slip out the back door after weekly meetings are adjourned. It's becoming clear that the Commissioners of Districts Two and Three will be leading and representing the constituents of District One.  

Jeff Tozzer, Sequim

“Admittedly, I’ve been to too many of these meetings, and in my time here, I have noticed a pattern that seems to transcend the issue. Repeatedly, people ask for the commissioners’ ability to respond to public comments rather than just listen to them.

I was at a [County] Planning meeting a couple of weeks ago and saw an agenda item that made perfect sense to me, which I want to share. They had a “Public Comment” agenda item, followed by a discussion of the public comment agenda item. I would suggest you consider “discussion” either routinely or repeatedly in this public comment because I’ve watched you hear from people who say, ‘We want to have answers. We want to have an open discussion.’ And that may allow this to occur.”

Tom Ash, Sequim

The Tribe is so influential that it miscommunicated with the County, deliberately demolished a dike, exposed an entire community to flood risk, left taxpayers accountable for millions of dollars to fix their blunder, and suffered no repercussions.

The Tribe has so much clout that it requested a public road be closed to serve as an "outdoor classroom," and County leaders entertained the notion. 

The Tribe attended an invitation-only meeting where it was determined that closing a road would increase emergency response times and home insurance rates for Dungeness. The Tribe had so much sway that the County still supported their decision to keep the road closed.

The Tribe continued to say that Towne Road must remain closed, even after a family was rendered homeless when responding engines were delayed in reaching a house fire due to Towne Road being gated and locked. The Tribe’s desire to keep the road closed was so significant that the County ignored the impact on public safety and supported the Tribe’s stance.

After all that, the people's elected representatives — the Clallam County Commissioners — wrote a letter of apology to the Tribe for not doing better. The Tribe then bid on completing the Towne Road project, which it had opposed, delayed, and unfunded.

That is how influential and powerful the Jamestown Tribe is.

The Tribe's actions are puzzling, particularly when they attempt to seize a county road and ban the public from using it (after the Public, not the Tribe, has paid for it). These actions are becoming more frequent, as evidenced by two new letters that dismiss the professional views of two fire chiefs, the sheriff, the Community Emergency Response Team (CERT), and Washington State's Tsunami Program Manager. 

The Tribe also questions the competence of Clallam County's Chief Engineer, Habitat Biologist, the Department of Community Development, the Department of Ecology, and the Army Corps of Engineers, further highlighting the Tribe's disregard for professional expertise.

The first letter, to the Army Corps of Engineers, expresses concern that the Tribe's project partner for the last decade, Clallam County, does not have an effective stormwater treatment system for Towne Road.  The Tribe's Natural Resources Director, Hansi Hals, wrote the Army Corps to notify them that "the Tribe alerted the County that we'll seek development of a written plan to guide timing and frequency of sweeping, dedicated filter strip inspections, effluent monitoring, and BMP adaptive management." 

The County's stormwater treatment system exceeds stringent guidelines mandated by the Department of Ecology, making Towne Road the county's most environmentally friendly road.

The second letter is another request that the completion of Towne Road be delayed so a plan can be developed to separate the trail from the road entirely.  The original Dungeness Levee Trail, which ran beside the river, was demolished by the Jamestown Tribe when the dike was removed.  Even though the river isn't within sight of Towne Road, the County has adapted the design (at great expense) to incorporate a 0.6-mile-long trail. Still, the Tribe is dissatisfied with that accommodation. The Tribe has renewed its request that the County supply a schedule for monitoring stormwater, and they want the County to pay for it.  

The Lower Dungeness River Floodplain Restoration isn't the first County-Tribal partnership to improve a river's habitat. Recently, King County successfully completed the 145-acre Fall City Floodplain Restoration Project which improved habitat and protected farmland and homes along the Snoqualmie River. Like the Towne Road Levee Project, part of the design relocated a public road. King County and the Snoqualmie Indian Tribe improved the river habitat and relocated the road as planned without plunging the entire infrastructure project into turmoil at the eleventh hour.  

This is an example of project partners working together: goals were set, partners communicated, and goals were met without a barrage of letters, ever-changing demands, and apologies.  The Fall City Floodplain Restoration will be remembered as a legacy project that met objectives while serving an entire community, not special interests.

Will the Dungeness Floodplain Restoration and Towne Road Levee projects be remembered as successes or as warnings of the catastrophic failure that awaits project partners who don't share a common goal? This collaboration’s most successful legacy may be exposing how poorly Clallam County and the Jamestown Tribe work together.

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Towne Road update

Commissioner Ozias was absent for last week's scheduled interview on KONP radio, but County Engineer Joe Donisi gave a promising update that is worth listening to here. 

February 1, 2024

Dear Clallam County Board of Commissioners:

On behalf of the Sierra Club North Olympic Group, with 1200 members on the North Olympic Peninsula, we seek your support and intervention in a matter of great environmental significance - the proposed paving within the Dungeness River Floodplain area and the adjacent Dungeness Levee Trail. This proposal, if executed, stands in stark contrast to the values and mission of the Sierra Club, as well as our shared commitment to protecting and preserving our natural resources.

Sierra Club's Mission and the Dungeness River Area

The Sierra Club's mission to "explore, enjoy, and protect the wild places of the earth" resonates deeply with our cause. The Dungeness River area, with its rich biodiversity and natural beauty, embodies the wild places that the Sierra Club has pledged to protect. The proposed road construction threatens not only the ecological balance of this area but also the opportunity for people to connect with nature in its purest form.

All-Inclusive Access and Outdoor Enjoyment

In alignment with Sierra Club's objectives, the current levee trail is a testament to inclusive outdoor access. It is frequented by individuals of diverse abilities, including those using walkers, wheelchairs, strollers, and other human-powered transport. This inclusivity is crucial in fostering a connection with nature among all community members, an ethos deeply embedded in Sierra Club’s vision.

Environmental Concerns and Lack of Planning for the Proposed Road

Of grave concern is the lack of a comprehensive plan to address the environmental impacts of paving on the bordering floodplain and wetlands areas. These areas are crucial habitats for migrating birds and waterfowl, and paving could significantly disrupt these ecosystems. Furthermore, there seems to be no concrete strategy in place for managing pollution and litter control, which are inevitable consequences of road construction and increased human activity. The absence of such planning reflects a disregard for the ecological significance of the area and the well-being of its diverse wildlife.

Financial and Environmental Implications of Paving

Paving the area would not only disrupt the habitat but also impose financial liabilities, contrary to the financial asset that the current open space represents. Sierra Club's commitment to a clean and just economy, which emphasizes reducing pollution and protecting communities, is directly relevant in this context. The natural space, if preserved, will continue to provide ecological, recreational, and economic benefits without the burdens associated with paved roads.

Jamestown S’Klallam Tribe's Stance and Environmental Impact

The Jamestown S’Klallam Tribe has played a pivotal role in the environmental stewardship of this area. Their recommendation for a minimum three-year waiting period to assess the environmental impact of paving aligns with Sierra Club’s principle of promoting responsible use of earth's ecosystems. Their contributions and insights should be given significant weight in any decision-making process.

Conclusion and Call to Action

In conclusion, paving within the Dungeness River Floodplain would be a direct contradiction of Sierra Club’s mission and the collective effort towards environmental preservation. We urge the Board of Commissioners to take a firm stance against this proposal and advocate for the continued protection of this vital natural area.

We look forward to your support and collective action in preserving the Dungeness River Floodplain and Levee Trail for future generations.

Sincerely,

Darlene Schanfald

Chair

The commissioner seemed particularly concerned about how stormwater would be tested once it is treated by the mitigation system — a technology that exceeds the Department of Ecology's specifications.  "Is there a common understanding of what we will be monitoring, you know, what we're going to be testing for, or where those locations might be, what the timeliness might be? And then are there potential associated actions based on the changes that might be observed through the monitoring process, or is that part of the work that is to be developed?"

County Engineer Joe Donisi provided a comprehensive explanation of how samples would be collected and treated, assuring the commissioner that the stormwater testing process is thorough. He also disclosed that the Department of Ecology has already issued the amended permit. The project can move forward while awaiting the Army Corps of Engineers to amend their permit.

Donisi clarified that the Army Corps has already approved and permitted a vast majority of the work and that they are merely reviewing the Compost Amended Vegetative Filter Strips (CAVFS), which mitigate stormwater and will run along the base of the landward side of the levee.  In other words, all work can begin and be completed except for the installation of the CAVFS.

"At this stage," explained Donisi.  "The Corps has received approval from Ecology to move past the water quality aspect, in Ecology's viewpoint, and they're now indicating that the remainder of their decision will be tribally driven."

According to DCD Director Bruce Emery, the County does not anticipate any complications with the Army Corps permit. The pending approval only affects the .4 acres of new CAVFS planned for area wetlands. "We have the full capacity to move ahead with the project," said Emery, "which can easily run parallel with the rest of the effort."  

According to Engineer Donisi, Nordland Construction NW is ready to begin the project immediately.  Finalizing the contract may take weeks, but work could begin in about a month.  The County and Jamestown Tribe could finalize a stormwater monitoring plan in the next few weeks, which will be key to the Army Corps’ final permit review.  

Commissioner Johnson moved to approve the bid, but Commissioner Ozias declined to second the motion.  Commissioner French seconded the motion and opened the floor to discussion.

"From the very beginning, this project was always intended to feature a trail.  The road component was always considered optional," explained Ozias.  "From the very beginning, the trail was a given; the road was not."

Many attendees heard for the first time Tuesday that the Towne Road Levee was built to accommodate a trail and never a road, according to Ozias. Contrary to this week’s statement, in a May 5th, 2022, article in the Peninsula Daily News, Commissioner Ozias was quoted as saying, “Once the new levee is built, the new Towne Road will be on top of the levee, and the section of Towne Road will be removed as part of the restoration of the floodplain.” 

Ozias made vague references to "aspirational language" in the Comprehensive Plan as the basis for his argument.  He expressed concern about spending limited local road dollars. He also said that accepting a bid for a project without having permit approval for the modification is a reason to halt the entire project again.  He does not believe a road should be prioritized above a trail.  

"Why the rush?" Ozias asked about the road, which has been closed for two years.  He suggested that the county consider installing different gates, which would continue to keep Towne Road closed to all but a handful of exclusive nearby property owners.  

"This is bigger than just one project," remarked Commissioner French.  "When we allow these projects to rise to this level of controversy, I think we put all the future projects at risk, and that's something that I don't want to see."

Commissioner Johnson praised the success of the Dungeness Floodplain Restoration but said communication needs to improve.  "We, this county, has to perform much better about allowing people to know what's going on with any project, what the timeline is, what our successful date is, and also the dollar part of it. And that part we've kind of been missing very much, for many projects."  

The motion to award the bid to Nordland Construction NW passed 2-1.  Ozias was the sole commissioner to oppose.

According to an article by Pepper Fisher on KONP News Radio, Dungeness Levee Trail Advocates (DLTA) has hired a law firm that is currently requesting the County produce an updated Environmental Impact Statement and stop the plan to pave the road.  Director Emery explained that the State Environmental Protection Act (SEPA) does not need to be amended.  It would, however, have to undergo a review process if Towne Road is not constructed atop the Towne Road Levee.

Commissioner Mark Ozias and Chief Engineer Joe Donisi will be on KONP radio on Thursday, May 16th, at 1:00 pm.  Tune to 1450 AM, 101.7 FM Port Angeles, or 101.3 FM Sequim, or listen here.

Nearly 20 people picketed outside the courthouse Monday morning, expressing their dissatisfaction with the County's decision to accommodate a trail beside a county road.  "No Pave," "Safe Trails, Safe Salmon," and "French Broke His Word" read signs waved by founders of Dungeness Levee Trail Advocates (DLTA) and their supporters while music played from a portable speaker.

The Dungeness Levee Trail, once enjoyed by walkers along the river, was demolished in 2022 by the Jamestown Tribe.  Despite the county’s efforts — a design incorporating a trail to replace the one destroyed by the Tribe — some remain dissatisfied with the compromise. One sign, carried by DLTA co-founder Rae “Danielle” Heselbach, read: “Pro Trail, Pro Tribe, No Road.”

Signs in hand, the protesters filed into the boardroom for the Commissioners' 9:00 work session. Towne Road was not on the agenda, and protesters began leaving an hour later. None remained when the work session adjourned at 11:30.  

The Commissioners appear poised to move forward tomorrow at the 10:00 weekly meeting as they consider awarding a bid to complete Towne Road.  An agenda item reads, "Bid award—Nordland Construction NW for the Lower Dungeness River Floodplain Restoration and Levee Road Realignment Project—Phase 3 - 2024 Construction."  Nordland Construction NW was the lowest of four bids submitted to the County.

Commissioner Mark Ozias has found another ally in his efforts to weaken public safety and prevent the completion of Towne Road.  In a letter to Janet Marx, President of Protect the Peninsula's Future, Commissioner Ozias wrote that he still does not support the County's design.

This weekend, people walking on the unfinished roadbed glimpsed how the road would be used if Commissioner Ozias succeeds in keeping it closed to the public.  An event venue, previously announced by the landowners to be "closed,” held a function.  The event drew so much traffic that the landowners (one of a select few for whom the county has granted permission to use the public road) unlocked and opened the gates for several days.

One Clallam County Watchdog subscriber submitted this account after walking on the levee. The subscriber’s account read, in part:

 I arrived at the South entrance around 2:50pm.

There was NO traffic control. Not a single person indicating people should slow down or watch for pedestrians or more. Maybe they had a parking attendant given how many people were driving in? There was no warning the pedestrians that were walking or biking. Cars were zipping onto unpaved Towne Road rather quickly from both the north and south entrances. I lost count of how many cars after over 10 (and more were coming). I want to emphasize I was walking on the levee ROAD, not the trail because DLTA wants us all to walk on the road, right?

The pictures tell the rest of the story. I later followed one of the attendees across Towne Road (because hey - it was open and holy cow - I just got to drive over Towne Road for the first time in 2 years!). I clocked that one at over 32 mph per my speedometer. I stopped trying to keep up after I found myself driving 32 mph on a dirt road.

PS while I have sympathy for someone holding a memorial service, this is just emblematic of how bad it will be if the road remains closed to everyone except the Eberles."

Before the event, the Sheriff's office and Commissioners were contacted about safety concerns however, after communicating with the landowners who own the venue, County leaders determined that additional safety measures were unnecessary.

This weekend proved that traffic and pedestrians can coexist on an open Towne Road. Residents are eager for its reopening, and for the first time in two years, many traversed the .6-mile section of county road that they paid for. Drivers who hadn’t walked on it were surprised at how far the levee was from the river. Many expressed that the height of the levee and sloped sides felt safe.

Perhaps Clallam County leaders can open the gates and remove the concrete barriers. The landowners can return the locks and keys, and the public can drive on the road again until construction begins this summer. This will ensure that emergency vehicles, residents, visitors, and event venue attendees can travel freely, just as they do on every other county road with a public right-of-way.

Brandi and Nicole on Sequim

Thank you to everyone who welcomed podcaster Brandi Kruse and [un]Divided podcast’s producer Nicole Thompson to Sequim. They had a great time at the parade, car show, logging show, and especially at the Sequim Elks, where over 150 Clallam County Watchdoggers showed Brandi and Nicole how hospitable Sequim is. The ladies discussed their Sequim adventure on today’s podcast starting at timestamp 1:13:00. (If anyone recorded Brandi’s speech, please contact me).

Meet DLTA at the farmers’ market

The organization against reopening Towne Road for the people who have funded it (and will continue to fund it) wants to meet you at the Farmers Market in Sequim this Saturday. Dungeness Levee Trail Advocates will be there from 9 - 2.

Meet Brandi Kruse Saturday night

Attend Monday’s protest to convert a taxpayer-funded road into a private driveway and trail

DLTA has hinted that the protest may be covered by a “major” news station.

• Delhur Industries: $2,332,929

• Scarsella Industries: $2,218,166

• Jamestown Excavating: $1,930,742

• Nordland Construction NW: $1,821,409

"I have a couple of questions for staff," began Commissioner Ozias before the motion was made to accept the bids.  "If you can talk us through your anticipation with regard to the permitting issues, that would be helpful."

County Biologist Cathy Lear, who has managed the project for a decade, explained that the County would meet with the Department of Ecology, Department of Transportation, and Army Corps of Engineers that afternoon to discuss the stormwater treatment system.  "We're confident that the permit is in process and on its way," said Lear.

A motion to remand the bids to the Department of Community Development and Public Works was made by Commissioner Johnson and seconded by Commissioner Ozias.  The Commissioners then discussed the bids before voting on the motion.

"I hope that the meeting with the permitting agency goes well this afternoon, but that's still an unknown," said Ozias.  "However, I continue to believe that the trail component of this design is, and has always been, important."  

Ozias explained that the initial plan was to have the trail somewhere in the floodplain but, "with the way that the river utilized the floodplain, that made that plan not tenable but that didn't negate the importance of at least, again, in my opinion, the primacy of designing around a trail and so I will not be voting in favor of moving these bids forward because I don't believe we have a safe trail design."

Commissioner Ozias cited the suggestion of the Trail Advisory Committee to have improved trail signage as a reason to stop the project.  He did not mention that the Sheriff, two Fire Chiefs, and the Community Emergency Response Team (CERT) all support the road reopening for public safety reasons.  "I do not favor moving ahead with a trail that our [trails] advisory board, and others, are telling us will not be safe for all users," said Ozias.

The motion to remand the bids was passed with Commissioners Johnson and French in support, and Commissioner Ozias opposed.  This was the ninth attempt by Commissioner Ozias to reject what his constituents have asked for three times — a taxpayer-funded road to be returned to the public and not handed over to special and private interests.  It appears the two Commissioners outside Towne Road's district will be the leaders who shepherd the road toward completion.

Tuesday afternoon, after meeting with permitting agencies, DCD Director Bruce Emery released this statement:

"We just concluded our meeting with Ecology and the Army Corps 401 Team. Our engineers gave an informative presentation of how the planned stormwater improvements will assure water quality consistent with Ecology’s standards. They had questions about O&M and what we plan to do if we encounter problems, which we promptly responded. After their questions, we asked about their process—how long it might take and what it will involve? We were told they will meet internally but could not offer any indication how long they will need to deliberate, except “it won’t take months.”

I’m hopeful we will get a response over the next week, before the BOCC considers awarding the bid. Absent that, we may be forced to delay things. I remain optimistic given the bid proposals we received, but as you can see, some of this is outside of our control."

Outside the topic of Towne Road, the commissioners offered updates about their community interactions over the past week.  

Commissioner Johnson attended the Peninsula Behavioral Health gala which supports an organization he has championed for well over a decade.  "They helped a friend of mine who was in severe stress one time and it made all the difference in the world," said Johnson.

Commissioner French attended a Friends of the Forks Animals board meeting with Sheriff King and discussed animal control response and management issues in the west end of the county.  French told the commissioners, "It was a good, productive meeting and I was appreciative of the Sheriff for attending."  

Commissioner Ozias attended a State Opioid Dashboard Workgroup and gave details about the program that provides oversight of where opioid settlement dollars have gone.

"I'm really surprised that there was no mention of Washington State's longest-running festival from our District One Commissioner: Mr. Ozias," said Dungeness resident Kärin Cummins during public comment.  "This past week, many events happened including the Kiddie Parade, Arts and Crafts Fair, Dancing in the Street with one of Clallam County's favorites — Joy In Mudville — the Trashion Show, which is an extremely creative group of people using [garbage] materials for fashion.  I'd like to congratulate Cherry Bibler for the winning design.  This week you still have time to attend the High School Operetta, this Saturday the Classic Car Show, and of course the Parade and Logging Show and I hope to see at least one or two of you there."

Important events this week

On Friday, May 10th, at 4 pm, Commissioner Mark Ozias and Chief Engineer Joe Donisi of the Road Department will be interviewed on KSQM.  You can tune in to 91.5 FM or listen here.

After Saturday's Parade, meet podcaster Brandi Kruse at the Sequim Elks from 6 - 9 pm during the monthly Watchdog Meetup.  See details here.  If you missed Brandi's podcast yesterday, she discussed why one Washington school is cutting its music program.

Dungeness Levee Trail Advocates (DLTA), the nonprofit charitable organization trying to keep Towne Road closed to all but a handful of exclusive users, offered dog treats and pet waste bags to the sole pedestrian that passed by between 11 and 11:30 am.

Group co-founder Maggie Walthall seemed to understand the dogwalker’s sentiment that the road’s closure was an inconvenience. “I know,” empathized Walthall. “I had to drive 5 miles to get here, and I live right over there,” she said pointing to her neighborhood which has seen a drastic reduction in traffic since Towne Road’s closure. Walthall says by not closing the road, the trial will only be 6 feet wide in places, which she finds unacceptable.

Stacks of literature were seemingly available for distribution but, when copies were requested, cofounder Rae Heselbach said, “You can view that on our website.”

“I feel you are being aggressive,” replied Derrick Eberle to the 69-year-old dog walker who had asked why a Kawasaki utility vehicle was allowed on the levee, but public traffic was not. The dogwalker stated that he wasn’t being aggressive and that he thought the event had been advertised as an opportunity to ask questions. “You’ll have to ask your questions to the county,” replied Eberle.

The four DLTA cofounders were wearing traffic control vests however, there was no traffic within sight of the DLTA tent. No pedestrians, cyclists, equestrians, or e-trike users passed the informational event during those 30 minutes.

When asked why the DLTA members view the compromise of having both a road and trail as unacceptable, Heselbach replied, “This conversation is over. You can keep walking.”

As the dog walker departed, one DLTA co-founder said, “I hope you have the day that you deserve.”

The event is advertised to last until 2:30 pm today (May 4th).

Brandi Kruse coming next weekend

Former news anchor and current host of the unDivided podcast Brandi Kruse will be at next Saturday’s Clallam County Watchdog meetup. The May 11th event is at the Sequim Elks Club, time and details will be announced this coming week.

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If you haven’t seen Brandi’s latest take on Washington State Ferries, this little snippet is worth watching.

The first letter, suggested by Commissioner Ozias as an apology from the county to an organization that funded 52% of his last campaign, was a shameless display of political posturing.  The groveling begins in the first line, "This response is long overdue, and for that, we offer a sincere apology."

It's an apology that, apparently, could not be offered during the multiple private meetings held between the commissioners and the Jamestown Tribe in April. The atoning had to be done publicly for "the use of speech or actions to gain political support through emotional or effective appeals" to meet the threshold of political grandstanding.

The letter did not address the Jamestown Tribe’s early yet deliberate breach of the dike in 2022 that caused the closure of Towne Road. It did not mention the ensuing coverup, orchestrated by Commissioner Ozias, or the substantial cost to taxpayers. The letter is a response to the tribe’s correspondence in October and January requesting that Towne Road remain closed. The good news is that, after begging for forgiveness, the county seems to be staying the course for completing the road this year.  

The letter closes with an assurance that the county is open to tribal involvement, which is likely — last week Commissioner Ozias announced that the Jamestown Tribe is the county's most important partner in local governance.  It may come as a surprise to the Quileute, Makah, and Lower Elwha Tribes, or the 77,000 taxpayers residing in Clallam County, that a hierarchy of importance has developed in governing our county and that Commissioner Ozias and the Jamestown Tribe are at the top.

If our county’s most important partner has concerns about the stormwater mitigation designed for Towne Road — a water treatment technology that exceeds the stringent standards set by the county, Department of Ecology, and Army Corps of Engineers — the Jamestown Tribe could share how they treat stormwater near Jimmycomelately Creek which runs between the tribe's Casino and gas station.  If a salmon-bearing stream sandwiched between gas pumps and a 500-car parking lot can thrive, surely the completion of Towne Road can be done environmentally responsibly.

The second letter authored by the county this week was in response to Dr. Guillozet who, in January, contacted the county with concerns and language strikingly similar to the tribe’s letters.

Originally, the county addressed its response to "Floodplains by Design"; a division of the Department of Ecology that funded a lion's share of the Dungeness Levee Floodplain Restoration. However, during Tuesday’s public comment period, someone from the gallery explained that Dr. Guillozet worked for a non-governmental special interest organization based out of Portland, Oregon and that she had no authority to represent a state agency.  With that correction noted, the commissioners approved a letter to the Bonneville Environmental Foundation instead of Floodplains by Design.

There's at least one more letter, but it's not from a political top donor and it doesn’t mention salmon or recreation. The letter doesn’t lend itself to political grandstanding, it’s merely a request for the county to improve a dangerous and deadly intersection in Carlsborg that has seen 18 accidents in 7 years, one being fatal.

Two months ago, the Sequim Prairie Grange submitted a letter and petition asking for safety improvements to the Cays Road/Old Olympic Highway/Macleay Road intersection. Since that letter was received, a 19th accident has occurred. The Grange hasn’t received a response from the commissioners.

Not even a letter of apology.

Anti-road group seeks donations

If you live in Clallam County, you've already paid to use Towne Road. Now's your chance to pay not to use it.  Dungeness Levee Trail Advocates (DLTA), the charitable nonprofit organization dissatisfied with the hybrid trail/road compromise, is currently seeking funds for legal fees and trail improvements.  Donations are tax-deductible.

DLTA members are inviting residents to walk on the public road they've funded during a community event this weekend. Participants will be allowed to ask questions of DLTA members staged along the unfinished roadway.  A glimpse of how they may answer questions can be viewed on their website’s “Frequently Asked Questions” here.

Conflicting information has emerged regarding an event venue reached by driving on the gated, unfinished portion of Towne Road closed to the public.  DLTA co-founders who own the event venue, have stated publicly that the venue is closed:

However, an item published in two local newspapers states that an event is being held at the previously closed venue on May 11th.

May 11th is Irrigation Festival Parade Day. With an influx of visitors to the area who may recreate upon the unfinished portion of Towne Road or flock to witness the floodplain restoration in progress, the added traffic could be dangerous for pedestrians. 

It's unclear how event support staff (caterers, party rentals, florists, etc.) will reach the venue while the public right of way is closed.  It is also unclear how walkers, cyclists, equestrians, e-trikes, and wheelchair users will safely navigate the traffic without the protection of the curb or guardrail that Commissioner Ozias has noted is necessary to protect people.

May 11th is also Sequim's chance to meet former newscaster, and top podcaster, Brandi Kruse.  Her interview yesterday with Senator Mark Mullet, Democratic candidate for governor, is a must-watch. Clallam County Watchdog subscribers will get event details sent to their email inboxes.

You're also wrong if you think Clallam County quits working at 5:00 pm — emails after midnight, phone calls in the wee hours, and a flurry of newly published emails show that this county never stops working… for some of us.

In the spring of 2022, earlier than expected, the Jamestown S'Klallam Tribe breached the original 1960s-era dike that kept the Dungeness River within its banks. Clallam County, the tribe's project partner in floodplain restoration, was forced to close Towne Road and accelerate the completion of its nearby levee to protect downriver communities from flooding later that year.

The county succeeded in building its levee before flood season, but the resources to build that levee faster — additional trucks, added work crews, overtime — came at a considerable cost.  Without time to send the increased project cost out to bid, the county declared a budgetary emergency and drafted a resolution that bypassed the required competitive bidding process which likely would have saved taxpayer money.

Supporters of Towne Road may remember how commissioners crafted a resolution.  In Towne Road's case, about 60 concerned constituents packed the boardroom and begged the commissioners to keep their promise of returning a road to the taxpayers who had funded it.  Two commissioners embraced the resolution but one filibustered before reluctantly supporting it.  Seven months after the resolution was adopted, the filibustering commissioner, Mark Ozias, broke his promise to the people and abandoned his commitment to finish the road.

That's not how the resolution process unfolded two years ago.

The tribe first saw the resolution on July 28th, 2022, after it had been publicly posted. They seemed to take issue with the phrasing, "removal of this levee section prior to completion of new levee construction was beyond the control of the county."  That wording seemed to indicate that the Jamestown Tribe's deliberate removal of the old dike was the cause of the emergency.  The tribe must have expressed dissatisfaction because a county employee sent this email to their natural resources director:

"The resolution has already been posted, we have to go with it as currently worded. I think both the County and the Tribe bear some responsibility for how things happened, communication could have been better on both sides. The best thing we can do now is what we are doing, communication has improved greatly in the last couple weeks. This resolution has received edits from various staff members. I think what was meant by “was beyond the control of the County” was that this levee removal was on sovereign tribal land, which the County does not have jurisdiction over. However, we could have communicated better or more or sooner our concerns about this. In presenting this to the BOCC, I am planning to express that both the County and the Tribe bear responsibility."

Days later, tensions were high at the August 1st commissioners work session.  Commissioner Ozias provided an account of the events that had led to the 60-year-old dike’s early removal — it was all a misunderstanding.  Inexplicably, despite the two project partners practically working within shouting distance of each other, the tribe didn't say, "We are breaching the old dike today," and the county didn't say, "Wait, we haven't built the new levee yet." 

At the work session, Jamestown Tribe's Natural Resources Director, Hansi Hals, found Ozias' narrative acceptable and said that the tribe was willing to offer the county $500,000 if terms were agreed upon.  She then presented how the tribe would like the resolution rewritten. 

The tribe's immediate request was that the resolution be changed to read, "the county had influence over the levee removal actions."  In other words, a simple edit absolving the tribe of fault and reassigning blame to the county.  After that request, Director Hals laid out the tribe's priorities:  First, construct the flood return channel.  Second, install engineered logjams and move utilities.  Third, remove the old Towne Road.  Lastly, the tribe supported a full postponement of the Towne Road rebuild.  Everything seemed agreeable until the county's attorney chimed in.

The changes suggested by the Jamestown Tribe no longer fulfilled the county's policy for declaring a budgetary emergency.  The county's attorney was adamant that, to declare an emergency, the resolution must state that events were outside the county's control.  With that, negotiations between the county and tribe became gridlocked.

"I think what I'd like to do here," interjected Commissioner Ozias.  "Is rather than wordsmith this particular item, I think if we can ask our team to work to come up with language that is sufficient, maybe there's another way to describe this." 

The work session ended with Commissioner Ozias assigning wordsmithing duties to the county's team, county attorney, and the tribe's natural resources director.  It can be viewed by clicking here and advancing to timestamp 24:40.

Emails show that after the work session, the tribe's attorney was not satisfied: "Legal team agrees with the Tribe. This isn’t acceptable as drafted. We don’t approve it is accurate."

The county's director of risk management emailed a proposed resolution to the tribe just after midnight.  Director Hals replied, "I don’t love it – it’s not actually reflective of reality.  In 2021, Clallam Co asked the Tribe to postpone and we did! Let me read it another two times pls before you call…."  

It's unknown what was discussed in that phone call during the early hours of August 2nd.  However, by the commissioners meeting later that morning, a resolution was adopted that both sides found satisfactory:  The Army Corps of Engineers was blamed.

The partnership between the county and tribe during the floodplain restoration is tiny compared to an upcoming joint effort— the Dungeness River Off-Channel Reservoir.  The county and tribe will collaborate to build a 42-acre raised reservoir. Its waters will be held back by a dike. 

In the shadow of the future reservoir, just downhill from the 30-foot-tall earthen wall that will hold back a season’s worth of water, is a community of over 350 people living in Dungeness Meadows (indicated by the red circle in the map above). For years, those residents have been voicing concerns about safely living next to a reservoir. If they’re watching how the county and tribe collaborated on the Towne Road Levee Project, they have reason to worry.

Compared to the Towne Road project, the stakes are much higher with the off-channel reservoir. If project partners don't communicate and the dike is breached, it won’t just result in a closed road — an entire neighborhood could be swept into the river.

The county’s Towne Road informational meeting at Carrie Blake Park in September of 2023 emphasized the recreational advantages of a closed road while safety concerns were overlooked. There was no mention of spiking home insurance rates for Dungeness if the road were to remain closed. The county didn’t disclose that emergency response times would increase by 3-7 minutes. And county leaders neglected to tell the public that the closure had greatly contributed to the loss of one family whose home burned while the firetrucks had to detour five miles.

The community meeting was more propagandistic than informational, and that appears to be the same approach the county is taking in its video about the reservoir. After watching Commissioner Ozias and Jamestown Tribe’s CEO Ron Allen explain the collaboration, one might think there isn’t a single concern regarding the county and tribe’s upcoming infrastructure project.

Many lessons can be learned by observing how the county and tribe partnered in the floodplain restoration/Towne Road levee project. If past behavior predicts future behavior, the reservoir project may be riddled with complications. For instance:

• The reservoir, which is currently crisscrossed with a network of trails, could be planned, designed, funded, and constructed only to be scrapped in the 11th hour by something as benign as a Trail Advisory Committee’s preference that walkers, equestrians and cyclists recreate in the empty basin.

• Past events have shown that when the $40 million reservoir nears completion, a petition of less than a hundred signatures could halt the entire project.

• Once filled with water and ready to serve its intended purpose of irrigating crops and charging aquifers, the Jamestown Tribe could decide that the reservoir would better serve the community as an “outdoor classroom” and impose a 3-year moratorium on usage.

The two projects share striking similarities. Both are touted to benefit fish, farms, and recreation. Both are in Commissioner Ozias' district. Both are supported by and in partnership with Ozias’ top campaign donor, the Jamestown Tribe. Both have been planned for decades. And both cost tens of millions of tax dollars.  

If Commissioner Ozias considers the Jamestown Tribe to be Clallam County’s most important partner in local governance, perhaps the county should focus on improving their communication with the tribe instead of composing a letter of apology to them.

The off-channel reservoir will require communication, leadership, and an establishment of protocol that was absent during the floodplain restoration.  After watching the Towne Road blame game unfold, can Clallam County and the Jamestown Tribe be trusted to successfully cooperate on such a large endeavor while prioritizing public safety?

Below are emails that shed some transparency on the August 2022 resolution.  For the dedicated reader who reaches the bottom of the email chain, May’s special guest for the CC Watchdog meetup will be revealed. Subscribers will receive details of next month’s event.

Subscribe now

From: Mahan, Rebecca

Sent: Wednesday, July 27, 2022 4:11 PM
To: 'Hansi Hals' <hhals@jamestowntribe.org>; LaTrisha Suggs (lsuggs@jamestowntribe.org) <lsuggs@jamestowntribe.org>; path@wavecable.com; rjohnson@jamestowntribe.org; 'Moore, Kathryn (RCO)' <kathryn.moore@rco.wa.gov>; 'Gerlach, Matthew (ECY)' <mger461@ECY.WA.GOV>; Winborn, Mary Ellen <maryellen.winborn@clallamcountywa.gov>; 'frances.morris@usace.army.mil' <frances.morris@usace.army.mil>; 'Christopher.Behrens@usace.army.mil' <Christopher.Behrens@usace.army.mil>; Donisi, Joe <joe.donisi@clallamcountywa.gov>; Lear, Cathy <cathy.lear@clallamcountywa.gov>; Green, Joel <joel.green@clallamcountywa.gov>; 'Brian Reznick' <Brian.Reznick@shanwil.com>; Tyler Stephens <Tyler.Stephens@shanwil.com>; 'Amy Summe' <Amy.Summe@shanwil.com>; Cline, David <David.Cline@hdrinc.com>; 'zachary.p.corum@usace.army.mil' <zachary.p.corum@usace.army.mil>
Subject: Dungeness emergency planning meeting

Good afternoon,

I am putting together an emergency planning meeting for the Dungeness levee project path forward this season.  Could you please let me know your availability for either 2:00pm tomorrow (7/28) or 10:30am Friday (7/29).  I will follow up with a meeting  link.

Thank you all being available!

Cheers,

Rebecca

Rebecca Mahan

Clallam County DCD

Habitat Biologist

From: Mahan, Rebecca
Sent: Thursday, July 28, 2022 10:16 AM
To: 'Hansi Hals' <hhals@jamestowntribe.org>; 'LaTrisha Suggs (lsuggs@jamestowntribe.org)' <lsuggs@jamestowntribe.org>; 'path@wavecable.com' <path@wavecable.com>; rjohnson@jamestowntribe.org; 'Moore, Kathryn (RCO)' <kathryn.moore@rco.wa.gov>; 'Gerlach, Matthew (ECY)' <mger461@ECY.WA.GOV>; Winborn, Mary Ellen <maryellen.winborn@clallamcountywa.gov>; 'frances.morris@usace.army.mil' <frances.morris@usace.army.mil>; 'Christopher.Behrens@usace.army.mil' <Christopher.Behrens@usace.army.mil>; Donisi, Joe <joe.donisi@clallamcountywa.gov>; Lear, Cathy <cathy.lear@clallamcountywa.gov>; Green, Joel <joel.green@clallamcountywa.gov>; 'Brian Reznick' <Brian.Reznick@shanwil.com>; 'Tyler Stephens' <Tyler.Stephens@shanwil.com>; 'Amy Summe' <Amy.Summe@shanwil.com>; 'Cline, David' <David.Cline@hdrinc.com>; 'zachary.p.corum@usace.army.mil' <zachary.p.corum@usace.army.mil>
Subject: RE: Dungeness emergency planning meeting
Importance: High

All,

The meeting will be at 2:00 pm today July 28^th.  The Zoom link is below.  Agenda to follow.

Thank you,

Rebecca

Rebecca Mahan

Clallam County DCD

Habitat Biologist

From: Mahan, Rebecca <rebecca.mahan@clallamcountywa.gov>
Sent: Thursday, July 28, 2022 12:57 PM
To: Hansi Hals <hhals@jamestowntribe.org>; LaTrisha Suggs <lsuggs@jamestowntribe.org>; 'path@wavecable.com' <path@wavecable.com>; Randy Johnson <rjohnson@jamestowntribe.org>; 'Moore, Kathryn (RCO)' <kathryn.moore@rco.wa.gov>; 'Gerlach, Matthew (ECY)' <mger461@ECY.WA.GOV>; Winborn, Mary Ellen <maryellen.winborn@clallamcountywa.gov>; 'frances.morris@usace.army.mil' <frances.morris@usace.army.mil>; 'Christopher.Behrens@usace.army.mil' <Christopher.Behrens@usace.army.mil>; Donisi, Joe <joe.donisi@clallamcountywa.gov>; Lear, Cathy <cathy.lear@clallamcountywa.gov>; Green, Joel <joel.green@clallamcountywa.gov>; 'Brian Reznick' <Brian.Reznick@shanwil.com>; 'Tyler Stephens' <Tyler.Stephens@shanwil.com>; 'Amy Summe' <Amy.Summe@shanwil.com>; 'Sanguinetti, Pamela A CIV USARMY CENWS (USA)' <Pamela.Sanguinetti@usace.army.mil>; McElroy, Patrick <patrick.mcelroy@clallamcountywa.gov>; 'Cline, David' <David.Cline@hdrinc.com>; 'alison.agness@psp.wa.gov' <alison.agness@psp.wa.gov>; 'zachary.p.corum@usace.army.mil' <zachary.p.corum@usace.army.mil>; 'Brian.J.Stenehjem@usace.army.mil' <Brian.J.Stenehjem@usace.army.mil>
Cc: Baumann, Cheryl <cheryl.baumann@clallamcountywa.gov>
Subject: RE: Expediting Dungeness Floodplain Restoration planning meeting

All,

I have attached an informal agenda for our meeting at 2:00 pm today.

Thank you,

Rebecca

Rebecca Mahan

Clallam County DCD

Habitat Biologist

From: Hansi Hals [mailto:hhals@jamestowntribe.org]
Sent: Thursday, July 28, 2022 4:02 PM
To: Mahan, Rebecca <rebecca.mahan@clallamcountywa.gov>
Cc: Green, Joel <joel.green@clallamcountywa.gov>; Donisi, Joe <joe.donisi@clallamcountywa.gov>
Subject: RE: Expediting Dungeness Floodplain Restoration planning meeting

Rebecca,

May I please have a copy of the emergency declaration that will be in front of BOCC on Monday?

Hansi Hals

Natural Resources Director

Jamestown S’Klallam Tribe

From: Green, Joel <joel.green@clallamcountywa.gov>
Sent: Thursday, July 28, 2022 4:54 PM
To: Hansi Hals <hhals@jamestowntribe.org>; Mahan, Rebecca <rebecca.mahan@clallamcountywa.gov>
Cc: Donisi, Joe <joe.donisi@clallamcountywa.gov>
Subject: RE: Expediting Dungeness Floodplain Restoration planning meeting

Hi All,

It’s Agenda Item 8, this would be the final version after editing by Loni Gores.

Work Session, Monday, August 1 at 9 a.m.

Regular Agenda, Tuesday, August 2 at 10 a.m.

Agendas and packets can also be found at this link: http://www.clallam.net/bocc/public_meetings.html

Loni Gores

Clerk of the Board

Commissioners Office

From: Baumann, Cheryl <cheryl.baumann@clallamcountywa.gov>
Sent: Saturday, July 30, 2022 6:08 PM
To: Gores, Loni <loni.gores@clallamcountywa.gov>
Cc: Donisi, Joe <joe.donisi@clallamcountywa.gov>; Mahan, Rebecca <rebecca.mahan@clallamcountywa.gov>; Green, Joel <joel.green@clallamcountywa.gov>
Subject: Towne Road Closure

Loni,  We need your help understanding what the situation is regarding the closure of Towne Road. I thought the Commissioners previously agreed in public session to the closure of Towne Road related to work on the Lower Dungeness Floodplain Restoration project. I believe they agreed to close the road as of July 5th. But maybe I don't have that correct. 

Can you please do some checking & hit Reply All & let us know what the status of this is?

Thanks very much!

Cheryl Baumann

DCD & North Olympic LE for Salmon 

From: "Gores, Loni" <loni.gores@clallamcountywa.gov>
To: "Baumann, Cheryl" <cheryl.baumann@clallamcountywa.gov>
Sent: Mon, 01 Aug 2022 06:54:27 -0700
Subject: RE: Towne Road Closure
Cc: "Donisi, Joe" <joe.donisi@clallamcountywa.gov>, "Mahan, Rebecca" <rebecca.mahan@clallamcountywa.gov>, "Green, Joel" <joel.green@clallamcountywa.gov>
Attachments:
	r2022-005.pdf

Cheryl,

You can discuss the closure of Towne Road with Joe Donisi.  He’s the one that brought the attached resolution to the BOCC for approval.

LG

From: Green, Joel
Sent: Monday, August 1, 2022 8:42 AM
To: 'Hansi Hals' <hhals@jamestowntribe.org>; Mahan, Rebecca <rebecca.mahan@clallamcountywa.gov>
Cc: Donisi, Joe <joe.donisi@clallamcountywa.gov>; rjohnson@jamestowntribe.org; Lauren Rasmussen <lauren@rasmussen-law.com>; LaTrisha Suggs <lsuggs@jamestowntribe.org>
Subject: RE: BOCC - Work Session Aug 1

Hi Hansi,

The resolution has already been posted, we have to go with it as currently worded. I think both the County and the Tribe bear some responsibility for how things happened, communication could have been better on both sides. The best thing we can do now is what we are doing, communication has improved greatly in the last couple weeks. This resolution has received edits from various staff members. I think what was meant by “was beyond the control of the County” was that this levee removal was on sovereign tribal land, which the County does not have jurisdiction over. However, we could have communicated better or more or sooner our concerns about this. In presenting this to the BOCC, I am planning to express that both the County and the Tribe bear responsibility.

Best Wishes,

Joel

Joel Green

Pronouns: he/him

Streamkeepers Coordinator

Clallam County Dept. of Community Development

From: Green, Joel <joel.green@clallamcountywa.gov>
Sent: Monday, August 1, 2022 8:55 AM
To: Hansi Hals <hhals@jamestowntribe.org>; Mahan, Rebecca <rebecca.mahan@clallamcountywa.gov>
Cc: Donisi, Joe <joe.donisi@clallamcountywa.gov>; Randy Johnson <rjohnson@jamestowntribe.org>; Lauren Rasmussen <lauren@rasmussen-law.com>; LaTrisha Suggs <lsuggs@jamestowntribe.org>
Subject: RE: BOCC - Work Session Aug 1

Just talked with Rebecca and Cheryl, we are just presenting on the path forward and not looking back unless asked.

From: Hansi Hals <hhals@jamestowntribe.org>
Sent: Monday, August 1, 2022 10:45 AM
To: Green, Joel <joel.green@clallamcountywa.gov>; Mahan, Rebecca <rebecca.mahan@clallamcountywa.gov>
Cc: Donisi, Joe <joe.donisi@clallamcountywa.gov>; rjohnson@jamestowntribe.org; Lauren Rasmussen <lauren@rasmussen-law.com>; LaTrisha Suggs <lsuggs@jamestowntribe.org>
Subject: RE: BOCC - Work Session Aug 1

Joe, Rebecca, Joel, Cheryl,

I am writing for the benefit of Jamestown team not present at BOCC work session this morning.  I am acknowledging the BOCC directing County staff to work with JST staff to assure final resolution language workable.  Tom Reyes (sp?) and I had a quick conversation in the hall and he proposed a version that is workable for JST.   I will look forward to seeing a courtesy copy this afternoon.   Thank you everyone!

Hansi Hals

Natural Resources Director

Jamestown S’Klallam Tribe

From: Hansi Hals <hhals@jamestowntribe.org>
Sent: Aug 01, 2022 14:03:48.000000000 UTC
Subject: BOCC - Work Session Aug 1
To: Green, Joel <joel.green@clallamcountywa.gov>; Mahan, Rebecca <rebecca.mahan@clallamcountywa.gov>
Cc: Donisi, Joe <joe.donisi@clallamcountywa.gov>; Randy Johnson <rjohnson@jamestowntribe.org>; Lauren Rasmussen ; LaTrisha Suggs <lsuggs@jamestowntribe.org>

Thank you Joel!

I notice that paragraph 4 of the Resolution does not represent actual occurrences.  I have provided an edit that the Tribe requests to correctly characterize situation.

RESOLUTION declaring an emergency related to the Dungeness Levee setback project paragraph 4 be changed –

FROM:

4. Whereas, removal of this levee section prior to completion of new levee construction by County was beyond the control of the County, and said removal creates a real danger, and significant and unacceptable flood risk for the community neighboring the lower Dungeness River until construction of the new levee and other work (removal of the northern section of the levee, etc.) is completed; and

TO:

4. Whereas, partial removal of the River’s Edge section of the levee – as authorized by federal corps of engineers (USACE), and in coordination with Clallam Co Dept of Community Development, creates a real danger, and significant and unacceptable flood risk for the community neighboring the lower Dungeness River until construction of the new levee and other work (removal of the northern section of the levee, etc.) is completed; and

Tracked version:

4. Whereas, partial removal of the River’s Edge section of the levee – as authorized by federal corps of engineers (USACE), and in coordination with Clallam Co Dept of Community Development, this section of levee prior to completion of new levee construction by County was beyond the control of the County, creates a real danger, and significant and unacceptable flood risk for the community neighboring the lower Dungeness River until construction of the new levee and other work (removal of the northern section of the levee, etc.) is completed; and

Hansi Hals

Natural Resources Director

Jamestown S’Klallam Tribe

From: Hansi Hals <hhals@jamestowntribe.org>
Sent: Aug 01, 2022 15:56:10.000000000 UTC
Subject: RE: BOCC - Work Session Aug 1
To: Green, Joel <joel.green@clallamcountywa.gov>; Mahan, Rebecca <rebecca.mahan@clallamcountywa.gov>
Cc: Donisi, Joe <joe.donisi@clallamcountywa.gov>; Randy Johnson <rjohnson@jamestowntribe.org>; Lauren Rasmussen ; LaTrisha Suggs <lsuggs@jamestowntribe.org>

Hi Joel,

I understand the resolution is drafted and posted.  However, it is not yet approved.  The current version does not reflect actual occurrences.   This will not do in my opinion to present a Resolution that is factually incorrect.   The County did  have influence of the levee removal.  In fact, the tribe earlier delayed removal because the County was not fully prepared to move forward.

The level removal that occurred was not on sovereign tribal land.  That is also incorrect.  It was/ is on Co right of way on Beebe land. 

Communication was frequent and ongoing.  It all went through Project Mgr Cathy Lear and Shannon and Wilson consultants.

Hansi Hals

Natural Resources Director

Jamestown S’Klallam Tribe

From: Hansi Hals <hhals@jamestowntribe.org>
Sent: Monday, August 1, 2022 3:58 PM
To: Reyes, Tom <tom.reyes@clallamcountywa.gov>
Subject: meeting and call today - Resolution for tomorrow

Tom,

It has been a  pleasure to meet you today.  Here is my email and contact information.  

Jamestown S’Klallam Tribe

From: Lauren Rasmussen
Sent: Aug 01, 2022 16:46:24.000000000 UTC
Subject: Re: BOCC - Work Session Aug 1
To: Hansi Hals <hhals@jamestowntribe.org>
Cc: Green, Joel <joel.green@clallamcountywa.gov>; Mahan, Rebecca <rebecca.mahan@clallamcountywa.gov>; Donisi, Joe <joe.donisi@clallamcountywa.gov>; Randy Johnson <rjohnson@jamestowntribe.org>; LaTrisha Suggs <lsuggs@jamestowntribe.org>

Legal team agrees with the Tribe. This isn’t acceptable as drafted. We don’t approve it is accurate. 

From: rebecca.mahan@clallamcountywa.gov <rebecca.mahan@clallamcountywa.gov>
Sent: Aug 01, 2022 17:53:52.000000000 UTC
Subject: RE: BOCC - Work Session Aug 1
To: hhals@jamestowntribe.org <hhals@jamestowntribe.org>; joel.green@clallamcountywa.gov <joel.green@clallamcountywa.gov>
Cc: joe.donisi@clallamcountywa.gov <joe.donisi@clallamcountywa.gov>; rjohnson@jamestowntribe.org <rjohnson@jamestowntribe.org>; lauren@rasmussen-law.com ; lsuggs@jamestowntribe.org <lsuggs@jamestowntribe.org>

Hansi and JST Team,

We will get a copy over to you as soon as I get it.

Cheers,

Rebecca

Rebecca Mahan

Clallam County DCD

Habitat Biologist

From: Hansi Hals <hhals@jamestowntribe.org>
Sent: Aug 01, 2022 17:56:55.000000000 UTC
Subject: RE: BOCC - Work Session Aug 1
To: Mahan, Rebecca <rebecca.mahan@clallamcountywa.gov>; Green, Joel <joel.green@clallamcountywa.gov>
Cc: Donisi, Joe <joe.donisi@clallamcountywa.gov>; Randy Johnson <rjohnson@jamestowntribe.org>; 'Lauren Rasmussen' ; LaTrisha Suggs <lsuggs@jamestowntribe.org>

Perfect – thank you.  I’ll turn around quickly so that it can be posted on public link and incorporated into packet, etc…    Hansi

Hansi Hals

Natural Resources Director

Jamestown S’Klallam Tribe

On Aug 1, 2022, at 5:57 PM, Hansi Hals <hhals@jamestowntribe.org> wrote:

Sounds good.    However, Resolution must be accurate statement. 

Hansi Hals

Natural Resources Director

Jamestown S’Klallam Tribe

From: Hansi Hals <hhals@jamestowntribe.org>
Sent: Aug 01, 2022 22:58:08.000000000 UTC
Subject: meeting and call today - Resolution for tomorrow
To: tom.reyes@clallamcountywa.gov <tom.reyes@clallamcountywa.gov>

Tom,

It has been a  pleasure to meet you today.  Here is my email and contact information.  

Jamestown S’Klallam Tribe

From: tom.reyes@clallamcountywa.gov <tom.reyes@clallamcountywa.gov>
Sent: Aug 02, 2022 00:25:30.000000000 UTC
Subject: RE: meeting and call today - Resolution for tomorrow
To: hhals@jamestowntribe.org <hhals@jamestowntribe.org>

Hello Hansi,

It was a pleasure meeting you today as well.  Attached you will find the changes made to the Declaration of Emergency language as a result of today’s meeting, specifically to Item 4.  I hope you find these changes acceptable.  I apologize that I couldn’t get this to you sooner.  Dee had to do further research so as to ensure the document as written would survive an audit process.  To that point, we feel good about the language changes.  I’ll follow-up with a phone call to you here shortly.

All the best, J

Tom

PS: Hannah is wonderful person.  I always enjoyed working with her and the conversations we had.  You have a great friend in her!

Tom Reyes – Deputy County Administrator

CLALLAM COUNTY

Human Resources - Risk Management

From: Hansi Hals <hhals@jamestowntribe.org>
Sent: Aug 02, 2022 00:29:29.000000000 UTC
Subject: RE: meeting and call today - Resolution for tomorrow
To: Reyes, Tom <tom.reyes@clallamcountywa.gov>

Thanks Tom.  I’m available.  I don’t love it – it’s not actually reflective of reality.  In 2021, Clallam Co asked the Tribe to postpone and we did! 

Let me read it another two times pls before you call….

Hansi Hals

Natural Resources Director

Jamestown S’Klallam Tribe

From: Gores, Loni
Sent: Tuesday, August 2, 2022 10:36 AM
To: Boughton, Dee <dee.boughton@clallamcountywa.gov>; Reyes, Tom <tom.reyes@clallamcountywa.gov>; Baumann, Cheryl <cheryl.baumann@clallamcountywa.gov>; Mahan, Rebecca <rebecca.mahan@clallamcountywa.gov>; Green, Joel <joel.green@clallamcountywa.gov>; Donisi, Joe <joe.donisi@clallamcountywa.gov>; Ozias, Mark <mark.ozias@clallamcountywa.gov>
Subject: Resolution 83 - Dungeness Levee Setback Project

Attached is a copy of the attached resolution. 

Joel,

Please send a copy to the Tribe.

LG

Loni Gores

Clerk of the Board

Commissioners Office

From: Green, Joel <joel.green@clallamcountywa.gov>
Sent: Tuesday, August 2, 2022 11:30 AM
To: Hansi Hals <hhals@jamestowntribe.org>; LaTrisha Suggs <lsuggs@jamestowntribe.org>; Randy Johnson <rjohnson@jamestowntribe.org>
Cc: Gores, Loni <loni.gores@clallamcountywa.gov>; Boughton, Dee <dee.boughton@clallamcountywa.gov>; Reyes, Tom <tom.reyes@clallamcountywa.gov>; Baumann, Cheryl <cheryl.baumann@clallamcountywa.gov>; Mahan, Rebecca <rebecca.mahan@clallamcountywa.gov>; Green, Joel <joel.green@clallamcountywa.gov>; Donisi, Joe <joe.donisi@clallamcountywa.gov>; Ozias, Mark <mark.ozias@clallamcountywa.gov>
Subject: FW: Resolution 83 - Dungeness Levee Setback Project

Good Morning,

The County has revised the emergency resolution before passing it this morning, with consideration of recommendations from the Jamestown S’Klallam Tribe. I have attached the revised and final resolution.

Best Wishes.

Joel Green

Pronouns: he/him

Streamkeepers Coordinator

Clallam County Dept. of Community Development

From: Mahan, Rebecca <rebecca.mahan@clallamcountywa.gov>
Sent: Tuesday, August 2, 2022 12:32 PM
To: Hansi Hals <hhals@jamestowntribe.org>; LaTrisha Suggs <lsuggs@jamestowntribe.org>
Cc: Lear, Cathy <cathy.lear@clallamcountywa.gov>
Subject: DRAFT MOU JST and Clallam Co Rivers Edge Levee Setback 8-01-2022_Updated30Mar21
Importance: High

Hi Hansi and LaTrisha,

Hansi is the draft I am working on and I have made comments/changes that are tracked.  I also have not included JST’s Aug.1 offer yet because I had not gotten full permission as of yesterday afternoon.  Along with the items we discussed I need (RE levee suitability and sovereign immunity ?) I also wonder if you had an cost estimate of items associated with the construction of the 6 log jams?  Am I right in assuming that they will be constructed to the County’s design?

Thank you for your help and clarification!

Cheers,

Rebecca

From: Hansi Hals
Sent: Tuesday, August 2, 2022 12:55 PM
To: Mahan, Rebecca <rebecca.mahan@clallamcountywa.gov>; LaTrisha Suggs <lsuggs@jamestowntribe.org>
Cc: Lear, Cathy <cathy.lear@clallamcountywa.gov>
Subject: RE: DRAFT MOU JST and Clallam Co Rivers Edge Levee Setback 8-01-2022_Updated30Mar21

Hi Rebecca,

For the ELJs --- JST has flagged suitability of design with the cobble onsite.  We expect real challenges with the pile drive design.  We’d like to sub buried rock anchors.  We are prepared to replace engineer of record.  I can get a cost estimate.  Will do that! 

Hansi Hals

Natural Resources Director

Jamestown S’Klallam Tribe

From: Hansi Hals <hhals@jamestowntribe.org>
Sent: Tuesday, August 2, 2022 1:06 PM
To: Mahan, Rebecca <rebecca.mahan@clallamcountywa.gov>; LaTrisha Suggs <lsuggs@jamestowntribe.org>
Cc: Lear, Cathy <cathy.lear@clallamcountywa.gov>
Subject: RE: ELJ estimate

Rebecca,

The 6 ELJs cost estimate is ~$200,000 built.  This is for the buried rock design.  We have just installed this same design upriver at Railroad Bridge Park reach, so our costs are current.  The invoices that Jamestown would pass onto Clallam Co would be for the materials and the installation.  Jamestown will comp the engineer and construction oversight. 

Hansi Hals

Natural Resources Director

Jamestown S’Klallam Tribe

From: joel.green@clallamcountywa.gov <joel.green@clallamcountywa.gov>
Sent: Aug 02, 2022 18:29:55.000000000 UTC
Subject: FW: Resolution 83 - Dungeness Levee Setback Project
To: hhals@jamestowntribe.org <hhals@jamestowntribe.org>; lsuggs@jamestowntribe.org <lsuggs@jamestowntribe.org>; rjohnson@jamestowntribe.org <rjohnson@jamestowntribe.org>
Cc: loni.gores@clallamcountywa.gov <loni.gores@clallamcountywa.gov>; dee.boughton@clallamcountywa.gov <dee.boughton@clallamcountywa.gov>; tom.reyes@clallamcountywa.gov <tom.reyes@clallamcountywa.gov>; cheryl.baumann@clallamcountywa.gov <cheryl.baumann@clallamcountywa.gov>; rebecca.mahan@clallamcountywa.gov <rebecca.mahan@clallamcountywa.gov>; joel.green@clallamcountywa.gov <joel.green@clallamcountywa.gov>; joe.donisi@clallamcountywa.gov <joe.donisi@clallamcountywa.gov>; mark.ozias@clallamcountywa.gov <mark.ozias@clallamcountywa.gov>

Good Morning,

The County has revised the emergency resolution before passing it this morning, with consideration of recommendations from the Jamestown S’Klallam Tribe. I have attached the revised and final resolution.

Best Wishes.

Joel Green

Pronouns: he/him

Streamkeepers Coordinator

Clallam County Dept. of Community Development

From: joel.green@clallamcountywa.gov <joel.green@clallamcountywa.gov>
Sent: Aug 02, 2022 19:15:38.000000000 UTC
Subject: RE: Resolution 83 - Dungeness Levee Setback Project
To: hhals@jamestowntribe.org <hhals@jamestowntribe.org>

You’re welcome Hansi.

Joel

From: rebecca.mahan@clallamcountywa.gov <rebecca.mahan@clallamcountywa.gov>
Sent: Aug 02, 2022 19:31:41.000000000 UTC
Subject: DRAFT MOU JST and Clallam Co Rivers Edge Levee Setback 8-01-2022_Updated30Mar21
To: hhals@jamestowntribe.org <hhals@jamestowntribe.org>; lsuggs@jamestowntribe.org <lsuggs@jamestowntribe.org>
Cc: cathy.lear@clallamcountywa.gov <cathy.lear@clallamcountywa.gov>

Hi Hansi and LaTrisha,

Hansi is the draft I am working on and I have made comments/changes that are tracked.  I also have not included JST’s Aug.1 offer yet because I had not gotten full permission as of yesterday afternoon.  Along with the items we discussed I need (RE levee suitability and sovereign immunity ?) I also wonder if you had an cost estimate of items associated with the construction of the 6 log jams?  Am I right in assuming that they will be constructed to the County’s design?

Thank you for your help and clarification!

Cheers,

Rebecca

From: Hansi Hals <hhals@jamestowntribe.org>
Sent: Aug 02, 2022 19:55:03.000000000 UTC
Subject: RE: DRAFT MOU JST and Clallam Co Rivers Edge Levee Setback 8-01-2022_Updated30Mar21
To: Mahan, Rebecca <rebecca.mahan@clallamcountywa.gov>; LaTrisha Suggs <lsuggs@jamestowntribe.org>
Cc: Lear, Cathy <cathy.lear@clallamcountywa.gov>

Hi Rebecca,

For the ELJs --- JST has flagged suitability of design with the cobble onsite.  We expect real challenges with the pile drive design.  We’d like to sub buried rock anchors.  We are prepared to replace engineer of record.  I can get a cost estimate.  Will do that! 

Hansi Hals

Natural Resources Director

Jamestown S’Klallam Tribe

From: Hansi Hals <hhals@jamestowntribe.org>
Sent: Aug 02, 2022 18:44:17.000000000 UTC
Subject: RE: Resolution 83 - Dungeness Levee Setback Project
To: Green, Joel <joel.green@clallamcountywa.gov>

Joel,    Received – thank you.   Hansi

Hansi Hals

Natural Resources Director

Jamestown S’Klallam Tribe

From: Hansi Hals <hhals@jamestowntribe.org>
Sent: Aug 02, 2022 20:06:13.000000000 UTC
Subject: RE: ELJ estimate
To: Mahan, Rebecca <rebecca.mahan@clallamcountywa.gov>; LaTrisha Suggs <lsuggs@jamestowntribe.org>
Cc: Lear, Cathy <cathy.lear@clallamcountywa.gov>

Rebecca,

The 6 ELJs cost estimate is ~$200,000 built.  This is for the buried rock design.  We have just installed this same design upriver at Railroad Bridge Park reach, so our costs are current.  The invoices that Jamestown would pass onto Clallam Co would be for the materials and the installation.  Jamestown will comp the engineer and construction oversight. 

Hansi Hals

Natural Resources Director

Jamestown S’Klallam Tribe

From: rebecca.mahan@clallamcountywa.gov <rebecca.mahan@clallamcountywa.gov>
Sent: Aug 02, 2022 20:45:41.000000000 UTC
Subject: RE: ELJ estimate
To: hhals@jamestowntribe.org <hhals@jamestowntribe.org>; lsuggs@jamestowntribe.org <lsuggs@jamestowntribe.org>
Cc: cathy.lear@clallamcountywa.gov <cathy.lear@clallamcountywa.gov>

Hi Hansi and LaTrisha,

Rich Meier is the interim DCD director and I sent all of this info to him and he is going to look it over and be in touch.  He also will be  on the call at 2pm.

Cheers,

Rebecca

Rebecca Mahan

Clallam County DCD

Habitat Biologist

From: rebecca.mahan@clallamcountywa.gov <rebecca.mahan@clallamcountywa.gov>
Sent: Aug 02, 2022 20:52:30.000000000 UTC
Subject: RE: Expediting Dungeness Floodplain Restoration planning meeting follow-up
To: hhals@jamestowntribe.org <hhals@jamestowntribe.org>; lsuggs@jamestowntribe.org <lsuggs@jamestowntribe.org>; path@wavecable.com <path@wavecable.com>; rjohnson@jamestowntribe.org <rjohnson@jamestowntribe.org>; kathryn.moore@rco.wa.gov <kathryn.moore@rco.wa.gov>; mger461@ECY.WA.GOV <mger461@ECY.WA.GOV>; frances.morris@usace.army.mil <frances.morris@usace.army.mil>; Christopher.Behrens@usace.army.mil <Christopher.Behrens@usace.army.mil>; joe.donisi@clallamcountywa.gov <joe.donisi@clallamcountywa.gov>; cathy.lear@clallamcountywa.gov <cathy.lear@clallamcountywa.gov>; joel.green@clallamcountywa.gov <joel.green@clallamcountywa.gov>; Brian.Reznick@shanwil.com <Brian.Reznick@shanwil.com>; Tyler.Stephens@shanwil.com <Tyler.Stephens@shanwil.com>; Amy.Summe@shanwil.com <Amy.Summe@shanwil.com>; Pamela.Sanguinetti@usace.army.mil <Pamela.Sanguinetti@usace.army.mil>; patrick.mcelroy@clallamcountywa.gov <patrick.mcelroy@clallamcountywa.gov>; David.Cline@hdrinc.com <David.Cline@hdrinc.com>; alison.agness@psp.wa.gov <alison.agness@psp.wa.gov>; zachary.p.corum@usace.army.mil <zachary.p.corum@usace.army.mil>; Brian.J.Stenehjem@usace.army.mil <Brian.J.Stenehjem@usace.army.mil>; mike.w@SCARSELLABROS.com <mike.w@SCARSELLABROS.com>; mario.s@SCARSELLABROS.com <mario.s@SCARSELLABROS.com>
Cc: cheryl.baumann@clallamcountywa.gov <cheryl.baumann@clallamcountywa.gov>

All,

Her is a copy of Clallam County’s Emergency Declaration.

Cheers,

Rebecca

Rebecca Mahan

Clallam County DCD

Habitat Biologist

Special guest at May’s meetup

No stranger to asking tough questions of elected leaders, Brandi Kruse will be joining a Watchdog Meetup event the evening of Saturday, May 11th (Irrigation Festival Parade Day). CC Watchdog subscribers will get event details once plans are finalized.

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"So, to the Jamestown Tribal Council and members of the Jamestown S'Klallam Tribe, I'd like to take this moment to apologize for my lack of communication.  I believe that the Jamestown S'Klallam Tribe is our most important partner in local governance whether we're talking about healthcare, or habitat restoration, or transportation, or emergency management, or economic development, or any of the myriad of areas that we work together for this community, and I hope to do better in meeting that standard in the future."

Commissioner Ozias offered this apology after reporting that he had met privately with Jamestown Tribe's CEO Ron Allen and Vicechair Loni Greninger a day after a Town Hall in which Ozias was the only commissioner not to participate.  The Town Hall focused on the importance of transparency in local government.

"I had a call from Chairman Allen last week and he invited us to come and have a discussion about the Dungeness Levee Setback Project," reported the Commissioner. 

"So, I reached out to Director Emery and Director Emery and I met with Chairman Allen and Vicechair Greninger on Friday to talk a little bit about the project and I really appreciated the opportunity to hear a little bit more about their concerns and their ideas related to the Levee Setback Project.  In essence, they reemphasized their desire to better understand the engineered drainage plan. 

“They shared a willingness and an enthusiasm to partner with Clallam County on working to really build out a vision for the trail asset, or the trail component of the project, and they reminded us that, at least from their perspective, the trail has always been a key component of this project and just because the initial plans had the trail system in the floodplain and the river decided to immediately utilize the entirety of the floodplain from their perspective, didn't mean that the trail component should be minimized now which is what has led them to provide us some encouragement to think a little bit more creatively about that."

According to the commissioner, the meeting resulted in Director Emery promising that the technical teams of the county and tribe would work together on the engineered drainage plan.  

"We, the Board of Commissioners, have not yet formally acknowledged their communications regarding the Towne Road project," Ozias said regarding the Tribe's letters received in October and January.  He plans to finalize a response at Monday's 9:00 am work session. [Watch the video here starting at timestamp 12:40.]

Commissioner Ozias' standards of communication, and the county's important partnership in local governance with the Jamestown Tribe, have resulted in an interesting dynamic during the $20 million, decades-long Dungeness Levee Setback Project and relocation of Towne Road. The project partners haven’t always shared the same vision: according to a 2013 document, the Jamestown Tribe preferred that the county road be gated and closed to all but one landowner.

Two years ago, without communicating their intentions to the county, project partner Jamestown Tribe deliberately breached the original dike ahead of schedule.  To protect downriver communities from flooding, the county was forced to declare a budgetary emergency which released funds for expedited levee construction.  This emergency also circumvented the required competitive bidding process.  When protests arose from the Jamestown Tribe that the resolution assigned blame to the Tribe, Commissioner Ozias offered to "wordsmith" the document and absolve them of wrongdoing. [Resolution available in “Towne Road Timeline” by scrolling to August 1, 2022.]

That was the first time Commissioner Ozias assisted in keeping Towne Road closed, a road that was never to be closed for even one day.

Clean-up of contaminated soil under the century-old roadbed cost the county over a million dollars. But, in February of 2023, the county's engineer and biologist announced that the Department of Ecology would fully reimburse the county’s remediation cost.  However, this "financial uncertainty" was cited as the reason for Towne Road's closure seven months later at the community informational meeting in September.  Continuing to broadcast this misinformation about the project's funding was Commissioner Ozias' second attempt to delay Towne Road. [This February 2023 video starting at 51:52 is where Ozias learns that funding has been reimbursed.]

In February of 2023, Commissioner Ozias prevented the surfacing of Towne Road from going out to bid because "over 200 signatures" had been received from “several petitions” requesting that the public road remain closed — he claimed he had only received one phone call in support of reopening Towne Road.  Public documents reveal only two petitions, totaling 98 signatures, were received asking that Towne Road remain closed, and those petitioners predominantly lived in a neighborhood that had experienced a drastic reduction in traffic due to the closure.

Meanwhile, two petitions with 140 signatures had been received requesting that Towne Road be reopened.  Upholding less than a hundred signatures to prevent the completion of a publicly funded infrastructure project, while concealing that a majority of the community wanted the road reopened, was Ozias' third attempt to keep Towne Road closed.

In June of last year, while the completion of Towne Road was still funded but on hold, the Jamestown Tribe approached the Board of Commissioners with a sudden concern that hadn't been addressed during decades of planning: additional measures needed to be taken to protect a section of levee that was a quarter mile away from the river. Commissioner Ozias funneled the last of the Department of Ecology's grant funding, originally intended to surface the road, to the Jamestown Tribe so engineered logjams could be installed in a former cow pasture to prevent water from reaching the levee.  As a result, Towne Road's completion became unfunded. This was the fourth setback a severed community suffered at the hands of Ozias.

In early December of last year, overwhelming support for the completion of Towne Road prompted Department of Community Development Director Bruce Emery to recommend a trail/road hybrid design (option #2) to complete Towne Road.  Before a packed gallery, as Commissioners Johnson and French seemed poised to commit to that design, Commissioner Ozias seized control of the work session by offering a circular, rambling, repetitive, on-again, off-again delay in making a binding decision.  His filibuster succeeded and ultimately, the “decision to make a decision” was chosen as a path forward; no vote was taken, no option was ratified, and no choice was made during Ozias' fifth attempt to stop Towne Road.  Later that month, when it was clear a majority would oppose him, Ozias reluctantly supported the trail/road hybrid option.  

During this time, unbeknownst to the public, Commissioner Ozias was working feverishly to install a network of three automatic, electric, tax-funded gates that would close Towne Road to everyone but emergency vehicles and a handful of privileged landowners.  The gates, estimated to cost $125,000, were backordered so Ozias' sixth attempt to ban the public from using the road they had funded (and would continue to fund) didn't materialize.

The seventh attempt by Commissioner Ozias to close a public road was the politicization of the Trails Advisory Committee.  He attended their recent monthly meeting and encouraged the committee to pass a motion that called for a pause in completing Towne Road so the surface could be entirely redesigned.  Ignoring the professional opinions of the sheriff, fire chief, and the Community Emergency Response Team (CERT), and discounting the input from the county biologist, county engineer, Department of Ecology, Army Corps of Engineers, Department of Community Development, and county's engineering consultant, Commissioner Ozias urged his fellow commissioners to prioritize the trail committee's wish that a public road be converted into a trail to replace the one that the Jamestown Tribe had demolished atop the old dike.

Not only was Ozias the sole commissioner to vote against the Towne Road surfacing project going out to bid, but he was also the only commissioner to break his December 26th promise, recorded as a unanimously passed resolution, to complete Towne Road this year.  His doubting of the stormwater filtration system and request to see moisture-wicking calculations were a thinly veiled eighth attempt to go against the people’s will and ban the public from using their own road.  

Commissioner Ozias' recent private meeting with the Jamestown Tribe regarding the fate of a public road, held mere hours after a Town Hall where all panelists agreed that transparency is a fundamental component for local government to succeed, seems out of touch.  From the closed-door meeting in 2015 that determined home insurance rates and emergency response times would increase for Dungeness residents if Towne Road were closed, to the clandestine editing of documents that reassigned blame away from the commissioner’s top campaign donor, the undercurrent of distrust is eroding residents' faith in local government faster than hardworking county staff can place the sandbags.

The road was designed with the benefit of fish and wildlife at the core of every decision.  Petitions led to public polling and three times a majority of the community said they wanted Towne Road reopened.  When money was funneled away from the project, the county engineer allocated more funds and redesigned the surface under budget.  When only a road was proposed, a compromise was reached in which the county would replace the trail destroyed by the Jamestown Tribe with a design that addressed (at considerable cost) the desires of pedestrians, cyclists, wheelchair users, equestrians, e-trike riders, and vehicles. 

The most environmentally friendly road in the county is close to reopening, but it’s also close to being handed over to a commissioner's political and private interests.

Commissioner Ozias has fallen short of the standard expected by his constituents.  He has fallen short of the Commissioners' Mission Statement prioritizing effective communication and exemplary public service.  He has also fallen short of his oath to faithfully and impartially serve those depending on him for representation.

But will he apologize for it?

Announcement coming next month

Clallam County Watchdog is finalizing plans for a special guest to attend next month’s meetup on Saturday, May 11th (Irrigation Festival Parade Day). She’s no stranger to holding leaders accountable, and now she wants to see firsthand how a rural county’s constituents have gained momentum and are becoming engaged in local government. Subscribers will receive event info.

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In a show of arrogance, Commissioner Ozias ignored the County Engineer, County Biologist, Director of Community Development, Department of Ecology, Army Corps of Engineers, and the county's engineering consultant.  Instead, he relied upon the presentation by Clallam County’s Trail Advisory Committee that claimed the currently designed road/trail hybrid is "unsafe" and that the project should be paused until it is determined who the users of the Towne Road Levee are.  This is also the desire of Commissioner Ozias' top campaign donor, Jamestown S'Klallam Tribe.

The county recently received a letter from the Jamestown Tribe questioning whether the designed stormwater mitigation technology is sufficient.  Ozias echoed the Tribes' concerns and was told the planned mitigation exceeds the Washington State Department of Transportation's recommendation by at least 25%.  The Commissioner requested to see the calculations associated with using sand and gravel for drainage and a representative from the engineering consultant firm was patched in via Zoom to answer Ozias’ many questions. 

Commissioner Ozias’ second-guessing every aspect of this project was a shameless display of ego that should offend every professional who has worked tirelessly to restore this vital link between communities.  His summary of the Trail Advisory Council's recommended actions had to be corrected multiple times by Commissioner French and when it became clear that French and Johnson were in favor of sending the project out to bid, Ozias launched into one final dizzying, bewildered, misinformed plea that lasted 17 minutes but said very little.  

Nearly two and a half hours into the meeting a motion was made to call for bids. Johnson and French voted in favor of the motion; Ozias was opposed.

It was just over three months ago that all three commissioners passed a resolution committing to the completion of Towne Road by this fall.  That resolution was a promise from the Board of Commissioners to the people, and it served to restore the public's faith that the county's oversight of large infrastructure and environmental investments was trustworthy. 

Today, Commissioner Ozias abandoned that promise to his constituents and eroded public trust.  The damage he has caused to local government will be measured in the coming weeks, months, and years.  The resulting doubt, mistrust, scrutiny, and skepticism will add to the gridlock that has contributed to our county’s economic stagnation.  Today's events announced that the people of District One have no representation in Clallam County, but special interests and top campaign donors do.

Towne Road isn't a done deal, but it's a lot closer to being completed than it has been since the Jamestown Tribe breached the original dike two years ago and caused the road’s closure.

For those of you planning a special event for up to 300 guests, two landowners on Towne Road (who have requested that their names not be used) are currently advertising a wedding venue.  Rates start at $5,231 for 50 guests.  The landowners are co-founders of "Dungeness Levee Trail Advocates," or DLTA, a charitable nonprofit that seeks to close Towne Road to the public and install automatic, electric, taxpayer-funded gates.  Visit the website by clicking here.  

It is a violation for charitable nonprofits to benefit private interests.  Even in Clallam County.